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2. Advisory BoardsCity of Kalispell Post Office Box 1997 - Kalispell, Montana 59903 Telephone: (406) 758-7701 Fax: (406) 758-7758 MEMORANDUM To: Mayor Johnson and City Council From: Doug Russell, City Manager „ a Re: Advisory Board Discussion Meeting Date: January 13, 2014 BACKGROUND: At the last City Council meeting, the topic of board appointments was addressed, with one appointment being made, and the issue then moved to a work session. The work session can address the topic of the multi -jurisdictional appointments for the City/County Health Board, Solid Waste Board, additional boards on which elected officials currently sit, and additional areas related to boards as desired. The background information related to each board is attached to this memo. RECOMMENDATION: It is recommended the specific appointments to the City/County Health Department and The Solid Waste Board are discussed, in addition to other areas as desired by the Council. �T 7MM A i7 V CITY/COUNTY ADVISORY BOARDS & COMMISSIONS ➢ BOARD OF ADJUSTMENT Members must be residents of the City of Kalispell Three Year Terms Meets the first Tuesday of each month ➢ ARCHITECTURAL REVIEW COMMITTEE Members must be residents of the City of Kalispell Appointments ongoing until resignation Meets the second and fourth Tuesday of each month ➢ ]BUSINESS IMPROVEMENT DISTRICT -- DOWNTOWN Members must be property owners within the district or appointed as his/her representative Four Year Terms Meets each month or as necessary ➢ BUSINESS IMPROVEMENT DISTRICT — TOURISM Members must be owner of hotel within the district or appointed as his/her representative Four Year Terms Meets each month or as necessary ➢ CITY -COUNTY BOARD OF HEALTH Per Interlocal Agreement — The Mayor of the City of Kalispell, or his/her representative Three Year Terms Meets the Third Thursday of each month ➢ CONRAD MANSION MUSEUM BOARD OF DIRECTORS City appointed members must be City property owners or residents of the City of Kalispell Four Year Terms Meets the third Tuesday of each month ➢ ECONOMIC DEVELOPMENT REVOLVING LOAN COMMITTEE No residency requirements Three Year Terms Meets each month or as necessary ➢ FLATHEAD EMERGENCY COMMUNICATIONS CENTER 911 BOARD City member shall be an elected official with an alternate that is another city official Meets the second Wednesday of each month ➢ IMPACT FEE COMMITTEE Members must be either property owners, residents, or actively engaged in business or employment within the Kalispell city limits - *One member must be a CPA Three Year Terms ➢ PARIZiNC' ADVi.CnRV R"ARD Members must be electors of the city or own real property within the parking district Four Year Terms Alfee . th a kah 4 TLr,.... lay — F each—+z, I GG La Lf L[: Ll LLILL IItbL1 3""Y Uf GUL,LL !!LV/LL7L ➢ PLANNING BOARD 1�/1•ovviliorr vYrrrnf l�o i+if-�r roc•irlor�fc /rnrrvri-rr �.,rnnl,a>" �,��lrr„1�.i1 Y=flvry a�aovvrl�ox^ mrrcf l�n n ci6Fiann �.i a.rrr.ri �.. u nr-ie.uo rye, ,. e,-y . e.uiuwr,�a � �. va'Lr eey rrLerrL�c,r e�i,Lwu�w/ vrec, neerrc�w .rew.�� cue. �� eea-Lr Ls Council member Two Year Terms Meets the second Tuesday of each month ➢ POLICE ADVISORY BOARD Members must be city residents or own real property within city limits Three Year Terms Meets as necessary ➢ SOLID WASTE DISTRICT BOARD OF DIRECTORS„ {FLATHEAD COUNTY) City nomination for commissioner appointment must be resident of the city Three year Terms Meets the fourth Tuesday of each month ➢ STREET TREE COMMISSION Members must resident with Growth Policy area Four Year Terms Meets the second Tuesday of each month (no meetings in June, July, and August) ➢ TECHNICAL ADVISORY COMMITTEE City appointees must be city residents Two Year Terms 2-3 Duties of Mayor. Page 1 of 1 Kalispell Municipal Code _........_ _ - __.. _ _ ...... EIS r Prev� search i print FIda Frames Chapter 2-ADMINISTRATION Article 1 ELECTED OFFICIALS 2-3 Duties of Mayor. The Mayor shall: A. Preside at all City Council meetings; B. Appoint, with the consent of the City Council, all members of advisory boards and commissions; C. Execute all ordinances and resolutions on behalf of the City after Council approval; D. Perform ceremonial functions as Mayor of the City of Kalispell; E. Perform any other duties specifically designated by ordinance or resolution. Except for the above, the Mayor shall have no other executive or administrative duties, those being the responsibility of the City Manager. (Ord. 1398, 9-17-2001; amd. Ord. I680, 10-18-2010) http://gcode.us/codes/kalispell/view.php?topic=2-1-2_3&frames=on 11/20/2013 Kalispell.Com- City of Kalispell - Mayor and City Council - Boards... http://www.kalispell.con/mayor_and_city_council/board_of adjustor.. Board of Adjustment Current Members Term Ends Stephanie Baca 4/30/2015 Rob Heinecke 4/30/2014 Bob Vine 4/30/2016 Clint Cathcart 4/30/2014 VACANT 4/30/2014 Creation Zoning Ordinance, Chapter 27.30, Board of Adjustment and Montana Code Annotated, 76-2-321, Board of Adjustment. Purpose The Board of Adjustment may, in appropriate cases and subject to appropriate conditions and safeguards, make special exceptions to the terms of the ordinance in harmony with its general purposes and intent and in accordance with the general or specific rules therein contained. ® To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this zoning ordinance or of any ordinance adopted pursuant thereto. • To hear and decide special exceptions to the terms of the ordinance upon which such board is required to pass under such ordinance.' e To authorize, upon appeal in specific cases, such variance from the terms of the ordinance as will not be contrary to the public interest, where, owing to'special conditions, a literal enforcement of the provision of the ordinance would result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done. Membership The Board of Adjustment shall consist of five members. Any vacancy shall be for the unexpired term of the retired member. All the members of the board shall serve without compensation and any member may be removed for cause by the Mayor, subject to the approval of the City Council, upon written charges made and after a public hearing thereon. Term Three-year terms to be staggered. Residency Requirements Members must be residents of the City of Kalispell. For More Information Contact the Planning department. 1 of 1 11/19/2013 3:07 PM Board of Adjustment - 129 CHAPTER 27.30 BOARD OF ADJUSTMENT Sections: 27.30.010: Creation. There is hereby created the "Board of Adjustment" for the City of Kalispell in accordance to 76-2-321, MCA. 27.30.020: Membership. The membership of the Board of Adjustment shall consist of five members having terms and qualifications as set forth by 76-2-322, MCA. The members shall serve without compensation. 27.30.030: Powers and Duties. The Board of Adjustment shall have authority to: (1) Hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this part or of any ordinance adopted pursuant thereto; and (2) Authorize upon appeal in specific cases such variance from the terms of the ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship and so that the spirit of the ordinance shall be observed and substantial justice done. 2'7.30.040: Limitations of Power. The Board -of Adjustment shall not by either variance or appeal process make any change in the uses categorically permitted in any zoning classification or zoning district; or amend the zoning text ormap. 27.30.050: Meeting Procedures. (1) Meetings of the board shall be held at least once a month; provided, there is business to transact and at such other times as the chairman of the board may determine. (2) All regular board meetings shall be open to the public. (3) The board shall adopt its own rules of procedure and keep minutes of its proceedings, findings and action in each case and the vote of each member present on each question considered in the proceedings, unless a member disqualifies himself. Board of Adjustment - 130 liiG kJleselil4e of iVUi it"Le1llUG1J JlliL.li UG lieGGss[Ll}+ to 4o11stiLl.lie a Cji.LolUlAl. (5) Four affirmative votes shall be necessary fox• granting a variance or appeal. (6) No proxy vote is permissible. 76-2-321. Board of adjustment. Page 1 of 1 Preuous Section; NICA Contents Part Contents Search Help Next Section 76-2-321.. Board of adjustment. (1) A city or town council or other legislative body may provide for the appointment of a board of adjustment and in the regulations and restrictions adopted pursuant to the authority of this part may provide that the board of adjustment may, in appropriate cases and subject to appropriate conditions and safeguards, make special exceptions to the terms of the ordinance in harmony with its general purposes and intent and in accordance with the general or specific rules contained in the ordinance. (2) An ordinance adopted pursuant to this section providing for a board of adjustment may restrict the authority of the board and provide that the city or town council or other legislative body reserves to itself the power to make certain exceptions to regulations, ordinances, or land use plans adopted pursuant to this part. (3) The board shall adopt rules in accordance with the provisions of any ordinance adop.cd pursuant to this part. Meetings of the board must be held at the call of the presiding officer and at other times that the board may determine. The presiding officer or in the presiding officer's absence the acting presiding officer may administer oaths and compel the attendance of witnesses. History: En. See. 7, Ch. 136, L. 1929; re -en. Sec. 5305.7, R.C.M. 1935; amd. Sec. 1, Ch. 13, L. 1975; R.C.M. 1947, 11-2707(part); amd. Sec. 2515, Ch. 56, L. 2009. Prm ded by Montana Legislative Services http://Ieg.mt.gov/bills/mca/76/2/76-2-321.htm 11/19/2013 Kalispell.Com - City of Kalispell - Mayor and City Council - Boards... http://www.kalispell.com/mayor_and_city_council/architectural_rev.., Architectural Review Committee Current Members Terry; Ends Bill Goodman On -Going until Resignation Janet Clark On -Going until Resignation Julia Pierrottet On -Going until Resignation Russell Skelton On -Going until Resignation Mark Norley On -Going until Resignation John Hinchey On -Going until Resignation David Koel On -Going until Resignation Archived board meeting minutes can viewed here. Creation Kalispell Municipal Code, Section 27,21.020, Architectural Review. Purpose Encourage originality, flexibility and innovation in site planning and development, including the architecture, landscaping and graphic design of said development; discourage monotonous, drab, unsightly, dreary and inharmonious development; conserve the Redevelopment Area's natural beauty and visual character and charm by insuring that structures, signs and other improvements are properly related to their sites, and to surrounding sites and structures, with due regard to the aesthetic qualities of the natural terrain and landscaping, and that proper attention is given to exterior appearances of structures, signs, and other improvements; protect and enhance the city's appeal to tourists and visitors and thus support and stimulate business and industry and promote the desirability of investment and occupancy in business, commercial and industrial properties, etc. Membership The Architectural Review Committee shall consist of at least five persons of the following qualifications: One individual specially qualified by reason of education, training or experience in the financing of commercial real property; two individuals actively engaged in business, commerce or industry; and two individuals who shall either be architects, landscape architects, or specially qualified by reason of education, training or experience in the area of graphic or allied arts. Term Appointments are ongoing until resignation. Residency Requirements Whenever possible, the Mayor shall appoint individuals who are either property owners, residents or actively engaged in business or employment in the Redevelopment Area of the City of Kalispell. For More Information Contact the Pjanning department, 1 of 1 11/19/2013 3:10 PM Architecairal Review - 72 (e) Stabilize and improve property values and prevent blighted areas and, thus, increase tax revenues; (#) Achieve the beneficial influence of pleasant environments for living and working on behavioral patterns, and thus decrease the cost of governmental services; (g) Foster civil pride and community spirit so as to improve the duality and quantity or citizen participation in local government and in community growth, change and improvement; and (h) Sustain the comfort, health, tranquility and contentment of residents by reason of the city's favorable environment, and thus to promote and protect the peace, health and welfare of the city. 27.21.020: Architectural Review Committee. (1) The mayor, with the approval of the council, shall appoint an Architectural Review Committee (ARC) of at least five persons, each with one or more of the following qualifications. special education, training or experience in the financing of commercial real property, architecture, or landscape architecture; active engagement in business, commerce or industry; and/or education, training or experience in the area of graphic or allied arts. Whenever possible, the mayor shall appoint individuals who are either property owners, residents or actively engaged in business or employment in the city. (2) The members shall serve at the pleasure of the mayor. The mayor, with approval of the council, may remove any member of the ARC after hearing, for misconduct or non-performance of duty. Any vacancies of the ARC shall be appointees of the mayor with the approval of the council. (3) The ARC may adopt and amend rules to govern the conduct of its business including, but not limited to: Officers, quorum, voting, schedule of meetings and records. 27.21.030: Jurisdiction and Powers of the ARC. (1) Except for single family and duplex dwellings, no building permit shall be issued for a new building or major remodeling of an existing building, and no sign permit shall be issued for the construction or alteration of a sign, until the plans, drawings, sketches and other documents required under Section 27.21.050 have been reviewed and approved by the ARC in conformity with the criteria specified in Section 27.21.040. Wall signs and groupings of wall signs less than 50 square feet in area are exempt from ARC review. For purposes of this ordinance, the term ',major remodeling" shall mean any remodeling that substantially changes the exterior appearance of the building. Architectural Review - 73 lLJ �urr5uucuurl, site development auuauueapuig, sigurug aiiu graPiuc:5 sraarr oe carried out in the substantial accord with the plans, drawings, sketches and other documents approved by the ARC, unless altered with the ARC's approval. Nothing in this section shah be construed to prevent ordinary repair, maintenance and replacement of any part of the building or landscaping which does not involve a substantial change from the goals and objectives of section 27.21,010. 27.21.040: Criteria and Standards. (1) The following standards shall be utilized by the ARC in reviewing the plans, drawings, sketches and other documents required under section 27.21.050. These standards are intended to provide a frame of reference for the applicant in the development of site and building plans as well as a method of review for the ARC. These standards shall not be regarded as inflexible requirements. They are not intended to discourage creativity, invention and innovation. The specifications on one or more particular architectural style are not included in these standards. (a) City of Kalispell, Montana, Architectural Design Standards: The project should be designed to follow the architectural design standards. (b) Relation of proposed buildings to environment. Proposed structures shall be related harmoniously to the terrain and to existing buildings in the vicinity that have a visual relationship to the proposed buildings. The achievement of such relationship may include the enclosure of space in conjunction with other existing buildings or other proposed buildings and the creation of focal points with respect to avenues of approach, terrain features or other buildings. (c) Advertising features: The size, location, design, color, texture, Iighting and materials of all exterior signs and outdoor advertising structures or features shall not detract from the design of proposed buildings and structures and the surrounding; properties. (d) Special features: Exposed storage areas, exposed machinery installations, service areas, truck loading areas, utility buildings and structures and similar accessory areas and structures shall be subject to such setback, screen plantings or other screening methods as shall reasonably be required to prevent their being incongruous with the existing or contemplated environment and the surrounding properties. (e) Application of design standards: The standards of review outlined in this section also apply to all accessory buildings, structures, exterior signs and other site features, however related to the major buildings or structures. (2) The ARC shall also be guided by the objectives of section 27.21.010, and such objectives shall serve as additional criteria and standards. Architectural Review - 74 rroceaure. (1) Submission of documents. A prospective applicant for a building or other permit, who is subject to site design review, shall summit to the planning department the following: (a) A site plan, drawn to scale, showing the proposed layout of all structures and other improvements including, where appropriate, driveways, pedestrian walks, landscaped areas, fences, walls, off-street parking and loading areas, and railroad tracks. The site plan shall indicate the location of entrances and exits and the direction of traffic flow into and out of off-street parking and loading areas, the location of each parking space and each loading berth and areas of turning and maneuvering vehicles. (b) A landscape plan, drawn to scale, showing the location of existing trees proposed to be removed and to be retained on the site, the location and design of landscaped areas, the varieties and sizes of trees and plant materials to be planted on the site, other pertinent landscape features, and irrigation systems required to maintain trees and plant materials. (c) Architectural drawings or sketches, drawn to scale, including floor plans, in sufficient detail to permit computation of yard requirements and showing all elevations of the proposed structures and other improvements as they will appear on completion of construction. (d) Specifications as to type, color and texture of exterior surfaces of proposed structures. (e) Specifications for each exterior light fixture. (f) A sign plan, drawn to scale, showing the location, size, design, material, color and methods of illumination of all exterior signs. (2) The ARC shall make a decision in a timely manner pursuant to their rules and schedule. An applicant may appeal a decision to the City Council. The appeal shall be filed in writing to the city manager within 30 days after the ARC has rendered its decision at the scheduled meeting. Kalispell., om - City of Kalispell - Mayor and City Council - Busines... http://www.kalispell.conVmayor_and_city_council/business_improv... Business improvement District Board - Downtown Archived board meeting minutes ran he vi,-wPd hpre_ Current Members Term Ends Melanie Cross 4/30/2015 Janet Clark 4/30/2017 Margaret Lekander 4/30/2015 John Fetveit 4/30/2016 Pam Mower 4/30/2014 Debbie Snyder 4/30/2017 Tim Price 4/30/2016 Creation Resolution 4797 and Ordinance 1468. Purpose MCA 7-12-1102 describes the purpose of a business improvement district (BID) "to serve a public use by promoting the health, safety, prosperity, security, and general welfare of the inhabitants thereof and of the people of this state; and to be of special benefit to the property within the boundaries of the district created." The appointed Board of Directors of the BID serve as the executive body to express the policy of the BID and to direct the administrative staff that may be hired to handle the day to day functions of the .BID. Membership The board shall be composed of seven owners of property within the district or their designated agent. Term Four-year terms to be staggered. Residency Requirements Members must own real property within the district. For More Information Contact Janet Clark at (406) 755-8100. 1 of 1 11/19/2013 3:11 PM 02 ) ,iS-6 1 SOI-,TJTI.ON NO.4797 A RESOLUTION CREATING A, BUSINESS fMPROVEMENT DISTRICT PURSUANT TO -rU]i' TVVMs. nF TTTT,'. 7 VT1APT1R..R 17 PART 11 n'V MnNTANA Mn—F ANNnTATun WHEREAS, pursuant to Title 7 Chapter 12 Part I of Montana Code Annotated, the City of ;�a.l1u�.Jv11 to aLLu LVi1G\+U LV create VLis111GJs U 11pAo V1�113V11L. 61.1.JtiwL]3 all" WHEREAS, the City of Kalispell was presented with petitions signed by the owners of more than 60% of the area of the property to be included in the district, the exterior boundaries of which are shown on the attached Exhibit "A" and which by this reference is made a part hereof; and WHEREAS, the aforementioned petition requests that the City of Kalispell create a business improvement district for up to ten (10) years, pursuant to Section 7-12-1141 MCA; and WHEREAS, the purpose of said business improvement district appears to promote the health, safety, prosperity, security and general welfare of the inhabitaiits of the City of Kalispell and the proposed district, and appears to be of special benefit to the property within the boundaries of said proposed district as shown on the attached Exhibit "A."; and WHEREAS, on May 19, 2003 the Kalispell City Council issued Resolution 4792 declaring its intent to create a business improvement district for the city of Kalispell, Montana, to fix a date of a public hearing for June 16, 2003; and to provide for publication of notice of said hearing; and WHEREAS, the City Clerk caused proper notice of passage of the resolution to be published as provided in MCA 7-1-2121 and by mailing a copy of the notice to every owner of real property within the proposed district listed on the last completed assessment roll for state, county, and school district taxes, at the owner's last -known address, on the same day the notice was first published or posted; and WHEREAS, upon proper notice having been given and upon the expiration of 15 days as required by MCA 7-I2-1113, the office of City CIerk did receive a number of wn'tteri protests, although not in sufficient numbers to bar proceedings as allowed by MCA 7-12-1114 and said protests being duly considered and passed upon at a public hearing held .tune, 16, 2003. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. That the Kalispell City Council shall and does hereby create a business improvement district pursuant to Title 7 Chapter 12 Part 11, Montana Code Annotated the term of which shall be ten (10) years and which shall be known as the "Kalispell Downtown Business Improvement District." SECTION I!. Said business improvement district shall have boundaries as shown on the attached Exhibit "A" which by this reference is made a part hereof; provided, however, that all property classified as a commercial improvement within the district will be included in the district. All publicly owned property and owner -occupied single family residential property within the district are specifically excluded from the business improvement district and are exempt from its assessments, PASSED AND APPROVED BY TI4E CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 16th DAY OF B Wf--r,,003, ATTEST: W 'I�heresa White City Clerk Pamela Mayor F -_ `r=y 6 STATE OF mMAHA i horst+Y' aWWY OnA the instrurn®nt to aifn:ad le a true, cormv and compared cpy to � the office of the Clark of the 011Y of Kaiispap.af 9ha anginas on ifle ip L#t[ness MY K-j-ld and the pa1 of #ha t:f of its[' l;, Coecuty talor�.3na, � �i •FW ad� r Assr Na. Action Assz lyn. Action Ass1C No. AasY No. RCGion Assn SSa. Actinn Assr Sao- [0426180J 1 1 (05639503 ( 1 [06634001 [E000258J [ 1 M0321001 ( 1 [00030421 (04262501 1 1 (05729601 1 1 [06774801 LE0002841 1 ] (50360293 [ 1 [00030431 [04281503 11 [05706501 € 1 [06005501 (E0003011 [ ] (rM8115) [ 1 (00030441 (04282001 1 3 [05788001 [ 1 f0660955] 1E0a03021 I 1 [E0386651 ( I 100030451 [04544061 1 1 105791001 [ ] [0685975) [E000315) 1 1 JEC387021 [ S [000436AI (04608553 1 1 (OS791501 ( [ [0695580} CED00328] ( 1 IF0309061 ( ] (00091551 [04609001 ' 1 (05792011 1 1 [0717799} [E0003391 [ 1 (603B9071 1 1 i00127501 (04627801 ( ) [05B08621 1 1 [07410501 [6000406] [ ] (50037151 ( 1 [001-27001 (04799.401 1 1 105880901 11 (07411001 [E0204051 L 1 Lr3006B741 [ 1 [00177501 [0.1810251 1 1 E0590301) ( ) [0759890] [E0294251 1 1 (00008111 [ ] (0017856) [04911103 ( 1 [05973001 1 1 [0763780) [EQ205063 ( ] (0001.9001 [ 1 (00209003 [05310203 1 1 [06072501 1 1 [07653501 [E0207111 1 1 (0001927[ [ ] [002B4601 105356801 1 1 (06234501 ( J [07808001 [g026750] ( 1 [00020821 [ ) (00400501 [05367501 [ 1 [06351061 [ 3 [07972401 LEU292501 f 1 100034031 [ 1 {00548501 [R545050] [ 1 [066i690) ( 1 [08029001 LE029511) I 1 (00030041 ( ] (01043003 Assr No. Action Assr No. potion Assr kfo. JAssr 1.70. AcL-ion Assr No, (01300351 1 1 L0179650] 1 1 (02721521 [08096643 It i [09739535 (01448501 1 ) 10293450) [ ] [0289600) [0823751] 1 ) [0974451) [014628S] f 1 102227601 1 1 10293260] [08595501 t ] [o977935] 101605392 f ) [022277451 1 1 [0299050) [08733501 1 1 [09762163 (0160700] I ] 102238051 ( 1 1031.28901 [08912751 [ 1 [09793511 [0160705) [ ] [0223806) [ 1 (03128911 [08912761 [ ) (0979152) [01607501 1 1 [0247625] [ 1 10313050) 108984951 ( ] [0900813] 101607511 ( 1 [0247955) 1 1 (031B1701 [08593501 [ 1 (0963.2911 [01G0752] ( 1 [02,38005] [ ] (43181721 [09260001 [ ] [098]-8651 (016cauol ( ( [024aiUO3 ( } [031a7'733 (09260591 [ 1 [09821671 rolsoe501 [ 1 (0.246400) L ) 103251350] [09299003 1 1 [098247,01 [01609001 1 1 18248425) [ ) [0390151] t09433501 ( 1 (09833593 1U165050) ( ] [0255350] [ ] [04054001 (0970B521 ( ] [0983360) [0171360) { ] [0259750) 1 ] [04236301 (09717761 [ 1 1 ) [U1752401 1) 102639001 1 1 [04261751 [0973.8283 L 3 1 3 EXHIBIT "A"' 99 Legal Description Downtown Kalispell Proposed Business Improvement District Commencing at the intersection of Main and Center Street which is the True Point of Beginning; thence easterly along the centerline of East Center Street, 616 feet, more or less, to a southerly extension line of the west boundary of Lot 2_ Phase 1of Kalispell Market Place: thence nnrthprly to the southwest corner of said Lot 2; thence continuing northerly along the west boundary of Lot 2 to the northwest corner of said Lot 2; thence easterly along the northern boundary of and to the northeast corner of said Lot 2; thence southerly along the easterly boundary of said Lot 2 to the southeast corner of said Lot 2; thence continuing southerly on 2nd Avenue East to an easterly extension line of Lot I of Block 37, Kalispell Original; thence westerly to the southeast corner of said Lot 1; thence continuing westerly along the southerly boundary of said Lot I to the centerline of the alley in of said Block 37, thence southerly through the alley to I" Street East; thence continuing southerly through the alley between Linderman School and Block 44 of Kalispell Original; thence continuing southerly through the alley of Blocks 57 and 64 of Kalispell Original to 4" Street East; thence continuing southerly through the alley of Block 77 to an easterly extension line of Lot 17 of Block 77, Kalispell Original; thence westerly along the southern boundary of said Lot 17 and crossing I" Ave East to the southeast corner of Lot 2 of Block 76, Kalispell Original; thence continuing westerly along the southern boundary of said Lot 2 to the alley in said Block 76; tht,ice southerly through the alley to an easterly extension line of Lot 20 of Block 76; thence westerly along the southern boundary of said Lot 20 and to the centerline of Main Street; thence northerly along Main Street to the intersection of 4`h Street; thence westerly along the centerline of 4111 Street East to a southerly extension of the alley of Block 67 of Kalispell Original; thence northerly through said alley to the centerline of 3rd Street West; thence easterly along 3rd Street West to the centerline of 1St Avenue West; thence northerly along Is'Avenue West to an easterly extension line of the southern boundary of Lot 7 of Block: 54, Kalispell Original; thence westerly along the southern boundary of said Lot 7 to the alley; thence northerly through the alley, crossing 2°1 Street West and continuing northerly through the alley of Block 47 of Kalispell Original, to an easterly extension line of the southern boundary of Lot 18 of Block 47; thence westerly along the southern boundary of said Lot.18 to the centerline of 2nd Avenue West; thenco northerly along 2nd Avenue West crossing 1 St Street West, to a westerly extension line of the southern boundary of Amended Lot 17 of Block 34, Kalispell Original; thence easterly along the southern boundary of said Amended Lot 17 to the alley; thence northerly along the alley to the centerline of West Center Street; thence easterly to the intersection of West Center Street and Main Street to the True Point of Beginning. The area proposed for the Downtown Business Improvement District encompasses approximately 42.4 acres. l;l��i''M M STATE OF MONTANA County of Flathead RECORDEb AT THE REQU ST OF ' b, THIS —211— DAY U , 20 d AT O'CLOCK AND RECORDED IN THE RECORDS OFF fHEAb COUNTY, STATE OF MONTANA. FEE $_ Pb. U vtih RECEPTION NO. 40Z (Fiathead County icrk and 11.. dcr) _�-AAA�'- D EUPN TO 1{ �/t 6 (Deputy Clerk) J YZLE.,1.1.>✓✓rr' 1gG1''7 �� 1 A =. ORDINANCE NO. I468 AN ORDINANCE ESTABLISHING THE REGULATIONS OF THE KALI.SBELL DOWNTOWN BUSINESS IMPROVEMENT DISTRICT, AUTHORIZING THE CITY ATTORNEY TO CODIFY THIS ORDINANCE AND DECLARING AN KFFFCTrVIR RF TT C)-PnATl`TPT) PV TT1P OTTV r"'n IFNTOTT nP TUt~ r-rry nU VAT TevWT r Nffn'.TrAnTA t tJ�.1-+ \.+F A i.11..r VA 1 i lJi 11r1Lil.Ji LLL dYi VlY LX I V1-�, AS FOLLOWS: SECTION I. The Kalispell Downtown Business Improvement District created by Resolution on June lb, 2003, pursuant to Title 7 Chapter 12 Part 11, shall have a term of ten (10) years. SECTION 2. The exterior boundaries of the District are described as follows: Commencing at the intersection of Main and Center Street which is the True Point of Beginning; thence easterly along the centerline of East Center Street, 616 Meet, more or less, to a southerly extension line of the west boundary of Lot 2, Phase 1 of Kalispell Market Place; thence northerly to the southwest corner of said Lot 2; thence continuing northerly along the west boundary of Lot 2 to the northwest corner of said Lot 2; thence easterly along the northern boundary of and to the northeast corner of said Lot 2; thence southerly along the easterly boundary of said Lot 2 to the southeast corner of said Lot 2; thence continuing southerly on 2"1 Avenue East to an easterly extension line of Lot 1 of Block 37, Kalispell Original; thence westerly to the southeast corner of said Lot l; thence continuing westerly along the southerly boundary of said Lot 1 to the centerline of the alley in of said Block 37; thence southerly through the alley to 1" Street East; thence continuing southerly through the alley between Linderman School and Bloch 44 of Kalispell Original; thence continuing southerly through the alley of Blocks 57 and 64 of Kalispell Original to 4th Street East; thence continuing southerly through the alley of Block 77 to an easterly extension line of Lot 17 of Block 77, Kalispell Original; thence westerly along the southern boundary of said Lot 17 and crossing I" Ave East to the southeast corner of Lot 2 of Block 76, Kalispell Original; thence continuing westerly along the southern boundary of said Lot 2 to the alley in said Block 76; thence southerly through the alley to an easterly extension line of Lot 20 of Block 76; thence westerly along the southern boundary of said Lot 20 and to the centerline of Main Street; thence northerly along Main Street to the intersection of 4d' Street; thence westerly along the centerline of e Street East to a southerly extension of the alley of Block 67 of Kalispell Original; thence northerly through said alley to the centerline of 3�d Street West; thence easterly along 3rd Street West to the centerline of ls` Avenue West; thence northerly along 1 st Avenue West to an easterly extension line of the southern boundary of Lot 7 of Bloch 54, Kalispell Original; thence westerly along the southern boundary of said Lot 7 to the alley; thence northerly through the alley, crossing 2"d Street West and continuing northerly through the alley of Block 47 of Kalispell Original, to an easterly extension line of the southern boundary of Lot IS of Block 47; thence westerly along the southern boundary of said Lot 18 to the centerline of 2nd Avenue West; thence northerly along 2nd Avenue West crossing 1st Street Vilest, to a westerly extension line of the southern boundary of Amended Lot 17 of Block 34, Kalispell Original; thence easterly along the southern boundary of said Amended Lot 17 to the alley; thence northerly along the alley to the centerline of West Center Street; thence easterly to the intersection of Nest Center Street and Main Street to the True Point of Beginning. The area of the Kalispell Downtown Business Improvement District encompasses approximately 42.4 acres. SECTION 3. Board of trustees �-- appointment -- number -- term of office. (1) The Mayor_ with the approval of the Oty C-ounr.41 6!911 Annnint crauan mxrnare of nrnnartsr within the district to comprise the board of trustees of the district. (2) The number of members of the board, once established, may be increased to up to seven members from time to time by subsequent resolutions of the City Council of the local government. A resolution to reduce board membership may not require resignation of any member prior to completion of his appointed term, (3) Three of the members who are first appointed must be designated to serve for terms of 1, 2, and 3 years, respectively, from the date of their appointments, and two must be designated to serve for terms of 4 years from the date of their appointments. For a seven -member commission, there must be two additional appointments for terms of 2 years and 3 years, respectively. (4) After initial appointment, members must be appointed for a term of office of 4 years, except that a vacancy occurring during a term must be filled for the unexpired term.. A member shall hold office until his successor has been appointed and qualified. SECTION 4. Organization of board of trustees -- no compensation. (1) The City Council shall designate which member of the board is to be the first chairman. When the office of chairman of the board becomes vacant thereafter, the board shall elect a chairman from among its members. The term of office as chairman of the board, unless otherwise prescribed by the City Council, must be for 1 calendar year or for that portion thereof remaining after each chairman is designated or elected. (2) Members may receive no compensation. SECTION 5. Removal of board member. A member of a board of trustees may be removed by the Mayor with the consent of the City Council. SECTION 6. Powers of board in administering district. The board in administering the business improvement district has all powers necessary to carry out the functions of the district contained in this ordinance creating it, including the power to: (1) sue and be sued, enter into contracts, and hire and terininate personnel needed for its purposes; (2) provide special police, maintenance, or cleaning personnel for the protection and enjoyment of the general public using the business district; (3) landscape: and beautify public areas and to maintain those areas; (4) contract with the City Council to maintain., operate, or repair public parking facilities; (S) contract with the City Council to maintain streets, alleys, malls, bridges, ramps, tunnels, landscaping, and other public facilities as mutually agreed upon; (6) promote private investment and business expansion. in the district; (7) provide for the management and administration of the affairs of the district; (8) promote business activity by advertising, decorating, marketing, and promoting and managing events and other actions designed for the general promotion of business activities in the district; and (9) perform such other functions as are necessary to carry out the purposes of this part and to farther the objectives of the district. SECTION 7. Annual budget and work plan -- approval -- procedure -- tax. (1) At a time determined by the City Council, the board shall submit to the City Council for anoroval a work plan and budget for the ensuing fiscal year. (2) Following public notice that a work plan and budget have been submitted and that the City Council will lovy Ari 7CAi'CCTnP.tlf to elf-frav khp onq of -Fha umrlr mlan nnrl budget, the City Council shall hold a public hearing on objections to the work plan and budget. After the hearing, the City Council may modify the work plan and budget as it considers necessary and appropriate. (3) After approval of the work plan and budget and to defray the cost thereof for the next fiscal year, the City Council shall by resolution levy an assessment upon all of the property in the district using as a basis one of the methods prescribed in MCA 7-12- 1133. (4) A copy of the resolution shall be delivered to the treasurer of Flathead County to be placed on the tax roll and collected in the same manner as other taxes. SECTION 8. Assessment of costs -- area, lot, taxable valuation, and square footage options. (1) At the same time the board submits the annual budget and work plan to the City Council as provided in .MCA 7-12-1132, the board shall also recommend to the City Council a method of levying an assessment on the property within the district which will best ensure that the assessment on each lot or parcel is equitable in proportion to the benefits to be received. (2) The City Council shall annually assess the entire cost of the district against the entire district using a method which best ensures that the assessment on each lot or parcel is equitable in proportion to the benefits to. be received. In determining the method of assessment to be used, the City Council shall consider the recommendations of the board. The City Council shall levy the assessment using one of the following methods; (a) each lot or parcel of land within such district -may be assessed for that part of the whole cost which its area bears to the area of the entire district, exclusive of streets, avenues, alleys, and public places; (b) if the City Council determines that the benefits derived by each lot or parcel are substantially equivalent, the cost may be assessed equally to each lot or parcel located within the district without regard to the area of the lot or parcel; (c) each lot or parcel of land, including the improvements thereon, may be assessed for that part of the whole cost of the district which its taxable valuation bears to the total taxable valuation of the property of the district; (d) each building may be assessed for that part of the whole cost of the district that the occupied or income -producing area of the building above the first floor bears to the area of the entire district; or (e) by using any combination of the assessment options provided in subsections (2)(a) through (2)(d). (3) If a district is expanded, the land within the expanded area must be assessed as provided for in subsection (2) for the duration of the district. SECTION 9. City Council not to decrease public services. The City Council may not decrease the level of public services in the district existing prior to the creation of the district unless the services at the same time are decreased throughout the jurisdictional area of the City Council, nor may it transfer the financial burden of providing those services to the district. The City Council may not discriminate in the provision of publicly funded services between areas included in such district and areas not so included. SECTION 10. Liability insurance required. The City Council rnav not a-Dorove the annual budget or the work plan submitted to it by the board unless the annual budget and the work plan provide for liability insurance coverage insuring the district, the board, and the City against legal liability for nersonil iniury nnri nrnner-ty rrmmnga in nil mmniint determined sufficient for that purpose by the City Council. SECTION 11. Obligations of district not obligations of City. An obligation or debt of any nature of the district is not an obligation or debt of the City, and in no event is a debt or obligation of a district payable out of any funds or properties of the City. The debts and obligations of a district are payable solely from the funds and properties of the district. SECTION 12_ This Ordinance shall be effective thirty (30) days from and after the date of its final passage and approval. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR THIS 2ND DAY OF SEPTEMBER, 2003. Pamela B. Kenn y .Mayor ATTEST- Thlleresa White City Cl crlt Kal: ;pell.Com - City of Kalispell - Mayor and City Council - Busines... h":l/www.kalispell.com/mayor_andwciry council/business_improv... Business Improvement District Board -`tourism Meeting December 7, 2011 - Agenda Yl1 l.Inv CV UVaI U IIICC17ny Illllllttes Call UC VFCWCU f1CiC. Current Members Term Ends Chris Walters 4/30/2014 Lori Fisher 4/30/2016 Bryan Scott 4/30/2014 Angie Bowman 4/30/2016 Dan Moderie 4/30/2015 Gib Bissell 4/30/2013 Janet Clark 4/30/2013 Creation Resolution 5425 and Ordinance 1675. Purpose MCA 7-12-1102 describes the purpose of said business improvement district to "promote the health, safety, prosperity, security and general welfare of the inhabitants of the City of Kalispell and the proposed district". The appointed Board of Directors of the BID serve as the executive body to express the policy of the BID and to direct the administrative staff that may be hired to handle the day to day functions of the BID. Membership The TBID, with confirmation by the City Council, shall appoint seven owners of property within the district to comprise the board of trustees of the district. Members must be appointed for a term of office of 4 years, except that a vacancy occurring during a term must be filled for the unexpired term. A member shall hold office until his successor has been appointed and qualified. Term Four-year terms to be staggered. Residency Requirements Members must own real property within the district. For More Information Contact Kalispell Chamber of Commerce at (406) 758-2800. 1 of 1 11/19/2013 3.12 PM RESOLUTION NO.5425 A RESOLUTION CREATING A TOURISM BUSINESS IMPROVEMENT DISTRICT PURSUANT TO THE TERMS OF TITLE 7 CHAPTER 12 PART 11 OF MONTANA CODE A :RN OTAT xTi. WHEREAS, pursuant to Title 7 Chapter 12 Part I of Montana Code Annotated, the City of Kalispell is authorized to create business improvement districts; and WHEREAS, the City of Kalispell was presented with petitions signed by the owners of more than 60% of the area of the property to be included in the district composed of noncontiguous areas that have the common purpose of providing overnight stays at lodging facilities which properties are shown on the attached Exhibit "A" and which by this reference is made a part hereof; and WHEREAS, the aforementioned petition requests that the City of Kalispell create a business improvement district for up to ten (10) years, pursuant to Section 7-12-1141 MCA; and WHEREAS, the purpose of said business improvement district appears to promote the health, safety, prosperity, security and general welfare of the inhabitants of the City of Kalispell and the proposed district, and appears to be of special benefit to the property within the boundaries of said proposed district; and WHEREAS, on March 22, 2010 the Kalispell City Council issued Resolution 5419 declaring its intent to create a business improvement district for the City of Kalispell, Montana, to fix a date of a public hearing for May 3, 2010, and to provide for publication of notice of said hearing; and WHEREAS, the City Clerk caused proper notice of passage of the resolution to be published as provided in MCA 7-1-2121 and by mailing a copy of the notice to every owner of real property within the proposed district listed on the last completed assessment roll for state, county, and school district taxes, at the owner's last -known address, on the same day the notice was first published or posted; and WHEREAS, upon proper notice having been given and upon the expiration of 15 days as required by MCA 7-12-1113, the office of City Clerk received no written protests, and there is therefore insufficient protest to bar proceedings as allowed by MCA 7-12-1114. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. That the Kalispell City Council shall and does hereby create a business improvement district pursuant to Title 7 Chapter 12 Part 11, Montana Code Annotated the term of which shall be ten (10) years and which shall be known as the "Kalispell Tourism Business Improvement District." SECTION Il. Said business improvement district shall be those properties identified on the attar•h.-A Fvhihit "A" xxihsrrh by flitic rafPranrP is mama a nark haranf ac xxrall ac any future lodging facility located within the corporate limits of the City of Kalispell with five or more rooms providing overnight stays for transient ,,-. ;+ b p0.11tj as 1L b ssiness. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF TFir_ Ul 1 Y OF 1Lf1L1SPEI,L, T t11J Jrd VA — OF 1VIA— , LU lu". Tamix�i Fisher Mayor ATTEST: Judi Funk Deputy City Clerk EXHIBIT "A" Legal Description Kalispell Tourism Business Improvement District The boundaries of the District shall be all parcels, tracts, lots and blocks within the corporate limits of the City of Kalispell where a five or more room hotel is located and providing overnight stays as I_-�»_ r_-'I'`-- r- - '- -- - a Iougzlig IdUMLy iur Uaiisient patrons as its ousiness. This description currently identifies all of the following lodging businesses located at the respective described street addresses and within the respective described legal parcel. Aero Inn,1830 Highway 93 South (Bissell Revocable Trust) Assessor No. 0112600 Lot 1A of the Resubdivision of Lot 1 of Block I of Airport Addition to Kalispell, Subdivision 73, in Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Blue & White Motel, 640 East Idaho (Blue & White Motel, Inc.) Assessor No. 0084500 Tracts 30-18, 30-20B and 30-27 in the Northwest Quarter of the Southwest Quarter of Section 8, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Comfort Inn,1330 Highway 2 Test (BHG Kalispell LLC) Assessor No. 0428680 A portion of Tract IB in 4B's Addition Number 45 in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana Econo Lodge Inn & Suites, 1680 Highway 93 South (Bullette Company of Michigan LLC) Assessor No. 0703050 Unit I of Diamond Lil's Condominiums in Section 17, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana Assessor No. 0971720 Unit 3 of Diamond Lil's Condominiums in Section 17, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana (Johnson Properties LLC) A.ssepsor No. 0277026 Unit 2 of Diamond Lil's Condominiums in Section 17, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana GIacier Peaks Inn, 1550 Highway 93 North (Northwest Hospitality Inc.) AqjQ I''A.c7."1. essvr INN. V.71 Resubdivision of Lot 1 of Hall Addition in Section 6, Township 28 North, Range 21 West, P.M.M., T,_iY___� __ l� r1aweaa County, Montana Glacier Ridge Suites, 281 Ist Avenue WN (Camren Center LLC) Assessor No. 0946500 Lots 19 and 20 in Block 6, KalispeIl Original Townsite, in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Hampton Inn Kalispell,1140 Highway 2 West (Spring Creep Development, LLC) Assessor No. 0981479 Tract 1 of Certificate of Survey 15567 located in the Southeast Quarter of the Southeast Quarter of Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana Hilltop Inn, 801 E Idaho Street (Kalispell Hilltop LLC) Assessor No. 0586900 Tract 2 of Certificate of Survey 8076 located in the Southeast Quarter of the Northwest Quarter and the Northeast Quarter of the Southwest Quarter of Section 8, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Hilton Garden Inn, 1845 Highway 93 South (Kalispell Hotel, LLC) Assessor No. 0586900 Tract 1 of Certificate of Survey No. 17045, a tract of land situated, lying, and being the North half of the Northwest Quarter of Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Holiday Inn Express, 275 Treeline Road CBig Sky HIE, LLC) Assessor No. 0012481 Imp 1906 on Lot 1 of the Holiday Inn Express Subdivision in Section 36, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana Kalispell Grand Hotel, 100 Main Street 'CIAX vr riarlii) Assessor No. 0020900 T — 1 ---3 `7 -r TT-IL--I1 -1 •TI_______•a_ _ n_—[___ In - - _ —--T`__.1- -- _ _ - n• — ll J-ULb 1 du G Ol 11t111b17G11 Ullglildl IOWn61Le In ,�uCLIOn 18, 1ownsnlp Gt5 lNonn, Range 21 west, P.M.M., Flathead County, Montana Motel 6, 1540 Highway 93 South (M-Six Penvest 1 Business Trust) Assessor No. 0599250 A portion of Lot 7 and a portion of the Northerly 50 feet of Lot 8, Block 1 of the Plat of Poston Addition in Section 17, Township 28 North, Range 2l West, P.M.M., Flathead County, Montana Outlaw Inn,1701 Highway 93 South (Kalispell Hospitality Company, Inc.) Assessor No. 0877530 Lots 1, 2 and 3 of Ryker Addition to Kalispell Amended Lots 1-10 in Block 2 in Section 17, Township 28 North, Range 21 Nest, P.M-M., Flathead County, Montana Red Lion Hotel, 20 North Main (lied Lion hotel Limited Partnership) Assessor No. 0974450 Tracts 8BA and 2AB in Southeast Quarter of the Southwest Quarter of the South Half of the Southeast Quarter in Section 7, Township 28 North, Range 21 Nest, P.M.M., Flathead County, Montana Super 8,1341 1st Avenue East (D & D Inc. Hospitality Associates) Assessor No. 0036470 Tractc 5XB, 5-23A, 5-23AA and 5FA in the Southwest Quarter of the Southwest Quarter of Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Travelodge, 350 North Main (Montana Hospitality) Assessor No. 0263865 Lots 1 through 6 and 9 through 12 of Block 241, Kalispell Addition 6, in Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana AN ORDINANCE ESTABLISHING THE REGULATIONS OF THE KALISPELL TOURISM BUSINESS IMPROVEMENT DISTRICT, AUTHORIZING THE CITY ATTORNEY TO CODIFY THIS ORDINANCE AND DECLARING AN EFFECTIVE w: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, AS FOLLOWS: SECTION 1. The Kalispell Tourism Business Improvement District created by Resolution on May 3, 2010, pursuant to Title 7 Chapter 12 Part 11, shall have a term of ten (10) years. SECTION 2. The boundaries of the District shall be all parcels, tracts, lots and blocks within the corporate limits of the City of Kalispell where a five or more room hotel is located and providing overnight stays as a lodging facility for transient patrons as its business. This description currently identifies those properties set forth on Exhibit "A" attached hereto and incorporated fully herein by this reference. SECTION 3. Board of trustees -- appointment -- number -- term of office. (1) The Mayor, with the approval of the City Council, shall appoint seven owners of property within the district to comprise the board of trustees of the district. (2) The director for the tourism business improvement district must be the executive director of a nonprofit convention and visitors bureau, as defined in MCA 15- 65-101. (3) The number of members of the board, once established, may be increased to up to seven members from time to time by subsequent resolutions of the City Council of the local government. A resolution to reduce board membership may not require resignation of any member prior to completion of his appointed term. (4) Three of the members who are first appointed must be designated to serve for terms of 1, 2, and 3 years, respectively, from the date of their appointments, and -two must be designated to serve for terms of 4 years from the date of their appointments. For a seven -member commission, there must be two additional appointments for terms of 2 years and 3 years, respectively. (5) After initial appointment, members must be appointed for a term of office of 4 years, except that a vacancy occurring during a term must be filled for the unexpired term. A member shall hold office until his successor has been appointed and qualified. SECTION 4. Organization of board of trustees -- no compensation. (1) The City Council shall designate which member of the board is to be the first chairman.. When the office of chairman, of the board becomes vacant thereafter, the board shall elect a chairman from among its members. The term of office as chairman of the board, unless otherwise prescribed by the City Council, must be for 1 calendar year or for that portion thereof remaining after each chairman is designated or elected. (2) Members may receive no compensation. SECTION 5. Removal of board member. A member of a board of trustees may be removed by the Mayor with the consent of the City Council. SECTION 6. Powers of board in administering district. The board in administering the business improvement district has all powers necessary to carry out the functions of the UlstricL conta.lneU In Lllls UIULIlanL;e LAGdLIIIg It, JJJGJuUlIlg Lrle power to; (1) sue and be sued, enter into contracts, and hire and terminate personnel needed for its purposes; (2) provide special police, maintenance, or cleaning personnel for the protection and enjoyment of the general public using the business district; (3) landscape and beautify public areas and to maintain those areas; (4) contract with the City Council to maintain, operate, or repair public parking facilities; (5) contract with the City Council to maintain streets, alleys, malls, bridges, ramps, tunnels, landscaping, and other public facilities as mutually agreed upon; (6) promote private investment and business expansion in the district; (7) provide for the management and administration of the affairs of the district; (S) promote business activity by advertising, decorating, marketing, and promoting and managing events and other actions designed for the general promotion of business activities in the district; and (9) perform such other functions as are necessary to carry out the purposes of this part and to further the objectives of the district. SECTION 7. Annual budget and work plan -- approval --- procedure -- tax. (1) At a time determined by the City Council, the board shall submit to the City Council for approval a work plan and budget for the ensuing fiscal year. (2) Following public notice that a work plan and budget have been submitted and that the City Council will levy an assessment to defray the cost of the work plan and budget, the City Council shall hold a public hearing on objections to the work plan and budget. After the hearing, the City Council may modify the work plan and budget as it considers necessary and appropriate. (3) After approval of the work plan and budget and to defray the cost thereof for the next fiscal year, the City Council shall by resolution levy an assessment upon all of the property in the district using as a basis one of the methods prescribed in MCA 7-12- 1133. (4) A copy of the resolution shall be delivered to the treasurer of Flathead County to be placed on the tax roll and collected in the same manner as other taxes. SECTION S. Assessment of costs -- area, lot, taxable valuation, and square footage options. (1) At the same time the board submits the annual budget and work plan to the City Council as provided in MCA 7-12-1132, the board shall also recommend to the City Council a method of levying an assessment on the property within the district which will best ensure that the assessment on each lot or parcel is equitable in proportion to the benefits to be received. (2) The City Council shall annually assess the entire cost of the district against the entire district using a method which best ensures that the assessment on each lot or parcel is equitable in proportion to the benefits to be received. In determining the method of assessment to be used, the City Council shall consider the recommendations of the board. (3) If a district is expanded, the land within the expanded area must be assessed as provided for in subsection (2) for the duration of the district. SECTION 9. City Council not to decrease public services. The City Council may not decrease the level of public services in the district existing prior to the creation of the district unless the services at the same time are decreased throughout the jurisdictional area of the Citv Council. nor may it transfer the financial burden of nroviding those services to the district. The City Council may not discriminate in the provision of publicly funded services between areas included in such district and areas not so included. SECTION 10. Liability insurance required. The City Council may not approve the annual budget or the work plan submitted to it by the board unless the annual budget and the work plan provide for liability insurance coverage insuring the district, the board, and the City against legal liability for personal 'injury and property damage in an amount determined sufficient for that purpose by the City Council. SECTION 11. Obligations of district not obligations of City. An obligation or debt of any nature of the district is not an obligation or debt of the City and in no event is a debt or obligation of a district payable out of any funds or properties of the City. The debts and obligations of a district are payable solely from the funds and properties of the district. SECTION 12. This Ordinance shall be effective thirty (30) days from and after the date of its final passage and approval, PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR THIS 17TH DAY OF MAY, 2010. i Tammi Fisher Mayor ATTEST: Theresa White City Clerk V.YMTkTT GG A" Legal Description 71:n :cd- ae[aieaHlea[ a VUL SOM LYU0AUraa .RMPA V YGRR1GRR I. J-PIL LrJL L The boundaries of the District shall be all parcels, tracts, lots and blocks within the corporate i_.Y_......r ,.ti_ 111111L� U1 L11G LILY Ul 11d11bPr,11 W1101G d 11VG or More rooI11 hotel l5 lueatod [LIKE providing overnight stays as a lodging facility for transient patrons as its business. This description currently identifies all of the following lodging businesses located at the respective described street addresses and within the respective described legal parcel. Aero Inn,1830 Highway 93 South (B-issell Revocable Trust) Assessor No. 0112600 Lot 1A of the Resubdivision of Lot I of Block 1 of Airport Addition to Kalispell, Subdivision 73, in Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Blue & White Motel, 640 East Idaho (Blue & White Motel, Inc.) Assessor No. 0084500 Tracts 30-I8, 30-20B and 30-27 in the Northwest Quarter of the Southwest Quarter of Section 8, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Comfort Inn,1330 Highway 2 West (BHG Kalispell LLC) Assessor No. 0428680 A portion of Tract I B in 4B's Addition Number 45 in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana Eeono Lodge Inn & Suites, 1680 Highway 93 South (Bullette Company of Michigan LLC) Assessor No. 0703050 Unit I of Diamond Lil's Condominiums in Section 17, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana Assessor No. 0971720 Unit 3 of Diamond Lil's Condominiums in Section 17, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana (Johnson Properties LLC) Assessor No. 0277026 Unit 2 of Diamond Lil's Condominiums in Section 17, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana Glacier Peaks Inn,1550 Highway 93 North (Northwest Hospitality Inc.) .Assessor No. 0976349 Resubdivision of Lot 1 of Hall Addition in Section 6_ Townshin 28 North_ Rama 21 Vdect P.M.M., Flathead County, Montana Glacier Ridge Suites, 281 Ist Avenue WN (Camren Center LLC) Assessor No. 0946500 Lots 19 and 20 in Block 6, Kalispell Original Townsite, in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Hampton Inn Kalispell,1140 Highway 2 West (Spring Creek Development, LLC) Assessor No. 0981479 Tract 1 of Certificate of Survey 15567 located in the Southeast Quarter of the Southeast Quarter of Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana Hilltop Inn, 801 E Idaho Street (Kalispell Hilltop LLC) Assessor No. 0586900 Tract 2 of Certificate of Survey 8076 located in the Southeast Quarter of the Northwest Quarter and the Northeast Quarter of the Southwest Quarter of Section 8, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Hilton Garden. Inn,1845 Highway 93 South (Kalispell Hotel, LLC) Assessor No. 0586900 Tract 1 of Certificate of Survey No. 17045, a tract of land situated, lying, and being the North half of the Northwest Quarter of Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Holiday Inn Express, 275 Treeline Road (Big Sky HIE, LLC) Assessor No. 0012481 Imp 1906 on Lot 1 of the Holiday Inn Express Subdivision in Section 36, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana Kalispell Grand Hotel,100 Main Street (CM Clark) Assessor No. 0020900 Lots 1 and 2 of Kalispell Original Townsite in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Motel 6, 1540 Highway 93 South (M-Six Penvest 1 Business Trust) Assessor No. 0599250 A portion of Lot 7 and a portion of the Northerly 50 feet of Lot 8, Block 1 of the Plat of Poston Addition in Section 17, Township 28 North, Range 21West, P.M.M., Flathead County, Montana Outlaw Inn, 1701 Highway 93 South (Kalispell Hospitality Company, Inc.) Assessor No. 0877530 Lots 1, 2 and 3 of Ryker Addition to Kalispell Amended Lots 1-10 in Block 2 in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Red Lion Hotel, 20 North Main (Red Lion Hotel Limited Partnership) Assessor No. 0974450 Tracts 8BA and 2AB in Southeast Quarter of the Southwest Quarter of the South Half of the Southeast Quarter in Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Super 8, 13411st Avenue East (D & D inc. Hospitality Associates) Assessor No. 0036470 Tracts SXB, 5-23A, 5-23AA and 5FA in the Southwest Quarter of the Southwest Quarter of Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Travelodge, 350 North Main (Montana Hospitality) Assessor No. 0263865 Lots 1 through 6 and 9 through 12 of Block 241, Kalispell Addition 6, in Section 7, Township 28 Noi-Uh, Range 21 West, P.M.M., Flathead County, Montana Flathead Collr.',y Health Department - By -Laws http://www.flathead.mLgovihealthfby laws.pbp liome I Abourrlarltead County Elected+ AppolntedOfficiMs Scrvlces Directory CalendaiolEvemt DepartmeniS Contact Us 6 e�� '� eL 1 Flathead RV-1 .a«TC ,, f J 11 City - County 7 BY-LAWS �9 Health City -County Board of Health Department Flathead County Dwartment Home ARTICLE I - Name Otir Boards The name of this organization shall be the Flathead Cfty-County Board of Health. Atienda In tes ARTICLE II - Object 13v7iLaws The City -County Board of Health shall exercise general supervision over the City -County Health Department. Mission Statement Specific functions, powers, and duties of local boards of health are set forth in Title 50, Chapter 2, MCA in the HIP following words: News dndEcents _ Illness Complaint 1. LoceJ boards shall: Form -a, appoint a local health officer who Is a physician or a person with a master's degree in public health or nta equivalent and appropriate experience as determined by the department and fix their salary; Health Resources -b. elect a chairperson and other necessary officers: Food Establishment •c. employ necessary qualified staff; 5�;oring Sy5tam , d. adopt by-laws to govern meetings; CommuoltyHealth Assessment 2013 e. gold regular meetings quarterly, and hold special meetings as necessary. f. supervise destruction and removal of all sources of filth which cause disease; --- - g. guard against the introduction of communicable disease; �= h. supervise inspection of public establishments for sanitary conditions; L subject to the provisions of 50-2-130, adopt necessary regulations that are not less stringent than the state standards for the control and disposal of sewage from private and public buildings that is not regulated by Title 75, chapter 6, or Title 76, chapter 4. The regulations must describe standards for granting variances to the rrnimum requirements That are identical to standards promulgated by the board of environmental review and must provide for appeal of variance decisions to the department as required by 75-5-305. 2. Local boards may, a. quarantine persons who have communicable diseases; b. require isolation of persons or things which are Infected with communicable diseases; c. furnish treatment for persons who have communicable diseases; d. prohibit the use of places which are infected with communicable disease; e, require and provide means for disinfecting places which are infected with communicable diseases; f. accept and spend funds received from a federal agency, the state, a school district or other persons; g. contract with another local board for all, or part of, local health services; h. reimburse local health officers for necessary expenses incurred in official duties; i. abate nuisances affecting public health and safety or bring action necessary to restrain the vielalion of public. health laws or rules; j. adopt necessary regulations and fees for the control and disposal of sewage from private and public buildings not currently connected to any municipal system (fees shall be deposited with the county treasurer); k, adopt rules which do not conflict with rules adopted by the Department and Board of Environmental Review; 1 of 4 11/13/2013 11:01 AM Flathead CoinAy Health Department - By -Laws http://www.flathead.mt.gov/health/by_laws.phy i, for the control of communicable diseases; ii. for the removal of filth which might cause disease or adversely affect public health; iii. on sanitation in public buildings which affects public health; - for iscam:y, vcl nllai3vl a vraLcl auNNly al IU waJLG tuaNwal III IJUUIIU aV V l l G I IUUC OUI IJ vvl 1 U11 migrw chug/ lycl human lives." • subject to the provisions of 50-2-130, for the maintenance of sewage treatment systems that do not discharge an effluent directly into state waters and that are not renuired to have an ooeratina permit as required by rules adopted under 75-5-401; and • for the regulation, as necessary, of the practice of tattooing, which may include registering tattoo artists, inspecting tattoo establishments, adopting fees, and also adopting sanitation standards that are not less stringent than standards adopted by the Montana Department of Public Health and Human Services pursuant to 50-1-202. (I) Adopt regulations for the establishment of institutional controls that have been selected or approved by the: (i) United States environmental protection agency as part of a remedy for a facility under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. 9601, et seq.; or (ii) Department of Environmental Quality as part of a remedy for a facility under the Montana Comprehensive Environmental Cleanup and Responsibility Act, Title 75, chapter 10, part 7. ARTICLE Ili - Membership 1. Membership of city -county boards of health as set forth in Title 5o, Chapter 2-1 o6, MCA, consists of: a. one ( 1) person appointed by the county commissioners who serves at their pleasure; b. one (1) person appointed by the governing body of each city that participates in the city -county board who serves at the pleasure of the appointing governing body; c, additional members appointed by the county commissioners and the governing body or bodies of the city or allies participating in the city -county board as mutually agreed upon, who serve at the pleasure of the appointing commissioners or governing body. The board shall be composed of at least five persons. 2. Membership of the City -County Board of Health based on the Inlerlocal Agreement shall consist of the following: a. A Flathead County Commissioner - designated by the county commissioners and serving at their pleasure. b. The mayor of the City of Kalispell, or his/her representative c. At least five additional members to be appointed by the Flathead County Commissioners. These additional members are to represent population centers in the county that are not entitled to representation by statute. It is recommended that at least one member of the Board shall be a medical doctor, nurse practitioner, or physicians' assistant, • Terms of appointed members to the City -County Board of Health shall be staggered and shall be for three (3) years each. e. Any member failing to attend 66% of the meetings per annum may be required to relinquish his/her appointment. f. Vacancies which occur on the City -County Board of Health by reason of death or resignation or for other reasons, shall be filled for the unexpired term of the vacated member and appointments to fill said vacancies shall be made as hereinbefore specified. 2 of 4 11/13/2013 11:01 AM Flathead Cowity Health Department - By -Laws http://www.flathead.mt-gov/health/by_laws.php ARTICLE IV - officers 1. At the first regular meeting of the City -County Board of Health following the first day of January each year, said Board shalt organize by electing a Chairperson, a Vice Chairperson, and such other officers as it may deem best and advisable. 2. The Health Officer employed by the City -County Board of Health shall not be a member of said board but shall act personally or through hislher representative as its secretary and shall perform histher duties as such secretary as required by the City -County Board of Health. • In the event of vacancy of the board member elected Chairperson due to death or resignation or for other reasons, the Vice -Chairperson shall act as Chairperson and a new Vice -Chairperson shall be elected. Both shall serve unW the next regular election of officers. • In the event of vacancy of both the Chairperson and Vice Chairperson due to death or resignation or for other reasons, the remaining board members shall elect an Acting Chairperson who will function until the first regular meeting after all new board members have been appointed. At that time the board shall reorganize by electing a Chairperson and a Vice -Chairperson. ARTICLE V - Meetings and Quorum 1. Regular meetings of the City -County Board of Health shall be held no less frequently than quarterly. • Special meetings of the City -County Board of Health may be held upon call of the Chairperson or any two board members. • A quorum for both regular and special meetings shall consist of a simple majority of members of the board. ARTICLE VI - Financing 1, The financing of the City -County Board of Health will be as set out in Title 50, Chapter 2, 111 (2) , MCA. • School boards and other official and non -official agencies may contribute funds to a local board. ARTICLE VII — Board Member Reimbursement Board members may not be compensated for their time but may be reimbursed from local funds for transportation and actual expenses up to but not exceeding state transportation reimbursements and allowable expenses incurred in attending Board of Health meeting or other Board related activities. ARTICLE VII# - Parliamentary Authority The rules contained in "Roberts Rules of Order Revised" shall govern the City -County Board of Health for all matters not covered In these By -Laws. ARTICLE IX - Amendments These By -Laws may be amended at any regular meeting of the City- County Board of Health by a majority vote, notice having been given at the previous regular meeting. Adopted ay the Flathead City -County Board of Health May 21, 1987 Modified: December 21, 2000 3 of 4 11/13/2013 11:01 AM Flathead County Health Departlment - By -Jaws http://www.flathead.rnt.gov/health/byjaws.phf Flathead County Government 800 South Fain Street Kalispell, IVIT 59901 Contact Us Artirle. P, 1 . i C;hsnnPrl to r¢flnnt tha rhanno. to Tula Sn f'hnntar P. Pnwarc and niitins of I nnni Rnarric of Health. Article 2, 2., k. Changed to reflect the change to Title 50, Chapter 2, Powers and Duties of Local Boards of Health. The Board of Health and Environmental Sciences is now the Board of Environmental Review. Article 2, 2., k. v., and vi. Added to reflect the change to Title 50, Chapter 2. Powers and Duties of Local Boards of Health. Article 2, 2., 1. Added to reflect the change to Title 50, Chapter 2. Powers and Duties of Local Boards of Health. Article 6- 1 . Modified to reflect current financing practices as set forth by mutual agreement of the Board of Health and the Board of County Commissioners. The funds are derived from a countywide levy that does not include Kalispell. Kalispell makes a separate contribution at equal millage to that levied by the County. Modified: April 17. 2003 Article 3, 2., c. The Board believes that a Medical Doctor or mid -level provider serving on the Board is of benefit. Now Section regarding Board member reimbursement is added a numbered Article 7. Article 7 is renumbered as Article 8 and Article 8 is renumbered as Article 9. Home DISCLAIM2R: No endorsement is intended or made of any hypenext?ink, product, service, or -- information either by its inclusion or exclusion from this page or site. While all attempts are made to About Flathead Qgunty insure the correctness and suitabilily of information under our control and to correct any errors brought to our attention, no representation or guarantee can be made as to the correctness or suitability of that Elected + Ap ointed icials fnformation or any finked information presented, referenced, or implied, All critical information should Boraces Rirectoryr be independentlyvertSffed. Any questions should be directed to the administrators of this or any other specific silos. Calendar of Events City_ Holiday Listing Depanments 2QA o Js�nSy Jobs CgntaDt_..Vs 4 of 4 11/13/2013 11:01 AM KaIispell.Com - City of Kalispell - Mayor and City Council - Conra.. http: //www.kalispell. comlmayor_and_city_oouncil/co nrad_mansio n... Conrad Mansion Board ti.wrrcni C...r Appointees Term Ends Everit Sliter 4/30/2016 Gary Havens 4/30/2015 Sue Corrigan 4/30/2017 Vanessa Ceravolo 4/30/2014 Creation An agreement from 1975 between the City of Kalispell and the living relatives of the Charles Conrad family. Purpose To continue maintenance, restoration, and operation of the historic site museum. The jurisdiction is strictly the Conrad Mansion. All revenues collected from fundralsers, tour and event ticket sales, and donations are monitored, voted on, and invested by the Conrad Mansion Board of Directors. Membership There are 12 voting members on the board. Four members are appointed by the City of Kalispell, two are appointed by the Flathead County Commissioners, one by Flathead Valley Community College, one by the University of Montana, three members at large, and one member representing the Conrad family. Term Four-year terms. Residency Requirements The City positions must be either City of Kalispell property owners or residents of the City of Kalispell. For More Information Contact City Clerk's Office at 758-7756. 1 of 1 11/19/2013 3:12 PM -�- AGREEMENT THIS AGREEMENT, made and entered into this day of 1974, by and between the CITY OF KALISPELL, Montana, .2 tuuILiCil.):il corl)oration, hereinafter referred to as "CITY", and ALICIA CONRAD CAMPBELL of Missoula, Montana, hereinafter referred to as "MRS. CAMPBELL", W I T N E 5 S E T H: WHEREAS, MRS. CAMPBELL is the owner of the real property described in Exhibit "A" attached hereto and by this reference made a part of this Agreement, and commonly referred to as "THE CONRAD MANSION"; and, WHEREAS, the Conrad Mansion possesses great historical signific- ance to the residents of the City of Kalispell, flathead County, the State of Montana, and the nation, and is one of the few remaining homes that depicts the way of life that existed for one .strata of Montana society 'at the turn of the century; and, WHEREAS, the Conrad Mansion is a home of unique beauty and worthy of preservation for the edification and education of the young people of this nations and, WHEREAS, MRS. CAMPBELL has dreamed of establishing the Mansion as a memorial to her parents to pay tribute to their efforts and 'oresight in converting a raw westgrfi"hii�t Clement info a6pommun ity .)f physical beauty and cultural advantag sifar above the normal; and, WHEREAS, by a letter of intent dated Novemberfl6, 1973, a copy of which is attached hereto as Exhibit "D", MRS. CAMPBELL signified her intention to give said Mansion to the CITY as a memorial to her parents; and thereafter, and in reliance upon such letter of intention, the CITY did, make certain improvements on said premises and its contents and expend thereon for such purposes the sum of approximately $15,000.00; and WHEREAS, after continued negotiations, the parties have now agreed upon the terms of such gift for preserving this historical property for the benefit of coming generations, which terms are' embodied -in this Agreement, NOW TI3i.REVORU, in consideration of the mutual covenants herein contained, it is hereby agreed between the parties an follows: I. MRS. CAMPBL314, harcby agrees i:O gives and donaL-o to the CITY, in memory of her parents, Charles Edward Conrad and Alicia Davenpart Conrad, the real property described in Exhibit "A" attached hereto �. an, iy this reference made a part of this, Agreement, and CITY agrees to accept said gift on the terms and conditions hereinafter set forth. 2. The CITY agrees to take and hold title to said property in the name of the CITY for the public uses and parzpobes herein stated. 3. The CITY,agrees that said property shall be used only as a public museum and that the repair and restoration, maintenance and operation thereof will be supervised and governed by a board, to be known as "The Conrad Mansion Directors", hereinafter called "BOARD". The members thereof are to be named and appointed and to operate the .Mansion as hereinafter stated. The C]CTl' further agrees that S. CAMPBELL, for the period of her lifetime, may occupy, for her persona]: use, an apartment consisting of two (2) rooms, bath and kitchenette, in the northwest corner of the ground floor of the Conrad Mansion. Except for restoration of piaster and floors, which would have to be done in any case, MRS. CAMPBELL shall pay all costs of restoration, renovation and remodeling for said apartment, title to which shall vast in the CITY upon the death of MRS. CAMPF}ELL. 4. The CITY agrees that it will provide the sum of Thirty -Five Thousand Dollars (635,000.00), which sum shall be placed in a special fund with the City Treasurer to be disbursed and spent only in the following manners At such time, and from time to time, as the BOARD shall, by its own efforts, raise money for said museum, the CITY at the request of the BOARD, shall d.ishurse from said special fund amounts equal to the (amounts raised by the BOARD, all of which City funds and matching monies shall be spent only for capital repairs and improvements to the mansion. The CITY agrees that if all of said sum has not been used in tno taxable year in which it was raised, that it will carry said funds forward to the following taxable year or years for use for.the same purposes and in the same manner, - 2 - 5. It is agreed that, after making provision for said sum of 'Thirty -Vivo Thousand Dollars ($35,000.00) above mentioned, the G. i'1"Y ivi is nova no iuri;haZi obligation for the Capital repair and improvements or,restoration, maintenance and operation of said ++ vy�; ty su err 0 MkAbc:uuf yr au idly VLSI@,$, use, Put. char. ch rurther repair, restoration, maintenance and operation shall be the obliga- tion of the BOARD with funding provided by the BOARD. It is further agreed that all donations for the benefit of the--Mansion-shall be taken in the name of the CITY and placed in a special fund available for use for any and all purposes of the repair, restoration, main- tenance, operation and furnishing of the Mansion. The CITY agrees that it will disburse such funds for any and all of such purposes upon the request and direction of the BOARD, which disbursements shall be made within ten days after receipt by the CITY of written request from the BOARD for such disbursement. &. The CITY agrees that any donations, gifts, grants, bequests or endowments from any pource which accrue to the mentioned museum project shall be deemed to be funds raised by the BOARD and shall not be considered as City funds" in the matching funds agreement above. .7. The CIft agrees to use said property solely as a public museum: In the event that the Conrad Mansion is destroyed by fire or other natural catastrophe, or future events render it unfeasible to use, said property as a museum, or if MRS. CAMPBELL shall fail to give to the CITY the furniture as heroin agreed upon, then the BOARD, with the consent of the CITY,, may devotes such property to some other pulAic service or use. But if the BOARD and the CITY are un1j)lp to a9rC0 upon such another use, then all of said property Kull be sold at public auction, or be sold in a manner approved by the then Judge of Department One of the Eleventh Judicial District of the state of Montana, in and for the County of Flathead, and the proceeds of such sale, after deducting all costs and the payment of roll obligations, shall be used for the benefit of the children of Lho City of Kalispell, by the construction of some pormancnt rearea- - 3 - ti.onal facility dedicated to the memory of Charles Edward Conrad and Alicia Davenport Conrad. 6. MRS. CAMPBELL agrees to give to the CITY for use in the museum the furniture listed on Exhibit "B"' hereto attached and by this reference made a part hereof, upon the express condition that the real property described herein is used for an operational public museum within a period of five (5) years from the date hereof. In the event said property is not operated as a museum within said Five (5) year period, or ceases to be so operated within fifteen (1S) Years from the date hereof, the personal property described in Sxhibxt "B" shall revert to MRS. CAMPBELL, her heirs or assigns. The furnishings and furniture shall be insured by the CITY in an amount reasonably agreeable with the value thereof. 9. In addition to the property herein described on Exhibit "A", MRS. CAMPBELL owns land directly across woodland Avenues described on Exhibit "C" hereto attached. If said property is sold, the CITY shall have the first right to `purchase said property at the same price and conditions of any bona fide offer. The exercise of this right shall be by written notice to MRS. CAMPBELL , or the executor or administrator of the estate of MRS. CAMPBELL, within thirty (30 days after the CITY has received written notice of such offer. Within thirty (30) days following notification of MRS. CAMP13ELL by the CITY that it intends to purchase the property, MRS. CAMPBELL or the executor or administrator of the estate of MRS. CAMPBELL shall cause to be delivoxed to the CITY a title insurance polciy commitment showing good and merchantable title to said property to be vested in MRS. CAMPBELL or the estate of MRS. C'ADIPDELL. If said title Is merchantable, then MRS. CAMPBELL or her executor or administrator and the CITY shall take such steps! as may be necessary to have the salsa accomplished or to have the sale approved by the Coirt in which the estate of MRS. CAMPBELL is being probated. 4 10. MRS. CAMPBELL agrees that, if in the opinion of the BOARD and the CITY, it becomes more feasible and convenient to operate the property as a museum under the ownership of flathead county, Montana, or the State of Montana or tho United States, than a at the request of the BOARD,.the CITY shall transfer title to the whole of said property to Flathead County, or the State of Montana or the United States, as the case may be,'but only upon the con- dition that it be ,operated and disposed of within the term& of this Agreement. ll. ' It is agreed that the museum shall be known as "TIDE CONRAD MANSION HISTORIC SITE" and its restoration and operation will be governed solely by a board of directors consisting of mind persona Lo be known as "TIDE CONRAD MANSION DIRECTORS". All board members, except the initial board, shall serve a term of four years from the date of their appointment. Four members of this BOARD shall be appointed by the Mayor,of the City of Ralispell with the advise and consent of the Kalispell City Council, or, If title to the 4ansion is later vested in another entity as provided in Paragraph 10 hereof, then thereafter such other entity shall apoint two inembea:a of the BOARD and the Mayor of the City of. Kalispell shall theraf ter appoint only two members to the BOARD► one board member shall be appointed by the President of the Flathead Valley Community College; ones board member shall be appointed by the President of the University of Montana; two board members shall be appointed by the Board of County Commissioners of Flathead County,.•ttontana. In order to stagger u expiration dates of the appointments to be made and so that all of the directors' terms will not expire in any one year, the first term of one of the directors appointed by-tho CITY shall expire four v{,urs from the date of appointments the first term of one of the ---ctors appointed by the CITY shall expire three years from the of appointment; the first term of one of thQ directors appointed he CITY shall expire two years from the date of appointment; first term of one of the directors appointed by the CITY shall - 5 expire one` y&4r froin the date of appointment. The first term of the director appointed by the President of Flathead Valley Community College shall expire one year from the date of appointment. The first termwof the director appointed by the President of the Univ- ersity of Montana shall expire four years from the date of appoint- ment. The -first t.erm.of one of the directors appointed by said Board of County Commissioners shall expired four years from the data of appointment; and the first term of on or f the directors appointed by said Board of County Commissioners shall'exp.ire one year from the date of appointment. The remaining board member known as "The Family Member" shall be appointed by MRS. CAMPBELL and said Family Memhdr shall serve until replaced by MRS. CAMPBELL or, upon her death, until his death or resignation. Said member, or his personal representative, after the death of MRs. CAMPBELL, may appoint his own successor Family Member, in the event MRS. CAMPBELL, or said Family Membek, as the case may be, fails to appoint'A successor Family Member within six (6) months of his resignation or his death, the Kalispell city council or.entity holding title, shall appoint, such Family Member. It is further -agreed that any blood relative of MRS. CAMPBELL may attend meetings of the BOARD at any time as an ex officio member without vote. 12. Membera of the BOARD shall be appointed by the respective appointing authorities within sixty (6'0) days after the date of this Agreement and each appointing authori'iy shall be mailed a copy of this Agreement within five (5) days after its execution. Replace - Mont board members shall be appointed by such respective authorities within sixty (60) days of the death or resignation or expiration' of the term of office of a board member. ..6- 13. It is understood and agreed that so long as the museum is operated as a public museum to the memory of the parents of MRS. CAMPBELL, that its basic design shall not be changed. 14. The BOARD, within ten (10) days after its appointment, shall organizes and elect its officers. The BOARD also shall adopt By -Laws for the operation of the museum and may incorporate as a private corporation, foundation or in such other manner as the BOARD shall determine to be most efficient. 15. It is agreed that the rock -wall presently surrounding the mansion shall not be removed, altered, or destroyed, EXCEPT, it is agreed that maintenance work may be performed upon the structure. 16. This Agreement may he amended by the mutual consent of the entity holding title, acting by and through its duly authorized officers, and the Family Member of the board of directors, or, in the event there ceases to be a "Family Member" on the board of directors, this Agreement shall not be subject to further amendment. i1V MESS W EREOF, the ties hereto have set their hands and se s the day d year rst her inabove written. A'��'ES�'� �•� AL CIA CONRAD CAMPBELL WITNESS: 0 - 7 - EXHIBIT "r'' November. 16,'' .1973 635 . Wciodford "Ussoula, Montana';;,5.980j- :��::��fCt�r;:t�f rF�Ka�.aspel�' TO:;.he:'..:Hanirabe.:�iren 'G: Bjcirn�:by TO I`' fY-tlxe C� ty 'of Kai spell �!"i��f�;;i This lettax�aL�tq aozi] Ziil my2nteait 'to ci�nvey:tio.rar, Ctt :'o Ka1'aspelll - this" �C6Aiad Mansion, which pzoperty Is °legally.:descacabed,:as_ T,otsr 1, through 6, inclusive,, ''Of'Blo'ck . 54 aE' Kalispell;-TownbUtie Company',.s Additioix No. 2..to-..K4liepe3l;> Montana ; a ccordincg ,to this plat ' thereof ' on file and - of record> = ` in Chet:office:'`of;.thy..Clerk and- Recorder of. Flathead CbzAnty,, Montana m_,.;z- ° : air : makiigF . this gift, tc9 the City. with the, hope tha xt,. i►t � l 'serve; ,th'e"� da,ty.:. (ar Montana aiid, the Nation) as, a ,, nanumen 'ts rhy F;at�ier. C: E.. Conrad, and of. that. period Of Kaiispell:' and Montana, h.isto,ry in which he lived.':` " The'.Conrad; +9axzs on I useurn wzll,' fulfill that ,purpose. ; .5hail make thas gift' to the City of iC lisjsell so`` :: Ose"`Purposes.' may b6 attained, but the gift will be subject' to;;;ccrtai.n., conditions 'whi.ch' should in no wise intexfere, wiith'' ytbar:':deivel.opmenti,and operation.. of the museum. ,: The•=conditi.onW 2 vuish rs}:'3mpose :ire" two-»fold:First.: :.to. enhance the. _perpetuat on o£:,.`,th&' Museum and; its, purposes.; second, to, provide in '`the Mariil6xi az a pax merit r to ' my_ person ;use during my l ifetimiz: aid .fr ;."ara :. adda,iabhal., specified 'period for ,,my heirs..• 'The specifi°c:.;terms. f.� maid; xeservati:ons:>,can;, be worked. out. immediately; keeping; ;an; �f5. mind:! -:bath, the. needs 'of. the City of Kalispell and ray .wi s2ies:.','<;'` -lw fully ; realize' .that•. the: requirements of the Internal.Revenue Selo- v� ce;;must: be met, .,"and'� Professor, ,Albert Stone -of, the. Uhiversi,t ; off von ana:-, Laver S hood land hi s .staff ' presents y is working - :.: >r; ain:E ghat pa oblem"t { At tha.s -:tie, am, not prepared to make an isdei'te;_.gi£t "tor.;the City;:cif:icalispel�.'of 'furnishings; azid.. adjtidI.ds [ of , persi�na= r' ©;pe ha�u►ever, my ,-present intention; . t make such 'a ixxt�th'6reY ..i.s to be onra�` us sumt tkie: Man's �:eri., irniist`.. be,. f�sacnished; thOrefcire' , 3 unt;i:I _ l Nave.; made' an,`?ioutri4ht gift tb the 'City of "certain un'shrigs, the:.furnisha.ngs :wall remain in the Mansion felt t1, ;purppses of ther'museinte Page 2 November 1.6, 1973 City of Kalispell, et al. I also wash to express to you my joy that you share with me the desire to create for Kalispell an institution of significant historical importance. i will diligently pursue that purpose and at the earliest possible moment execute the necessary documents to -vest title in the City of Kalispell. As soon as Professor Stone has these documents prepared, copies will be presented to you for your approval.. Gratefully submitted r e � f/l Alicia Conrad Campbell. Kalispell.Com - City of Kalispell - Mayor and City Council - Econom .. http://www.kalispell.conVmayor_and_city_council/economic_revolv... Economic Revolving Loan Fund Committee Current Members Term Ends Ike Braden 4/30/2015 Karen Witt 4/30/2014 Ronnie Laudati 4/30/2016 Dave Hanson 4/30/2015 Steven Moss 4/30/2015 Creation Resolution No. 4780. Purpose To review loan application packages for Economic Development Revolving Loan Funds according to the RLF Policies and Procedures Manual. The duty of the Loan Review Committee is to review each application to establish that the loan request has sufficient collateral, financial feasibility and sound management. Membership The board shall be composed of five persons as follows: ® Three persons involved in financial institution lending. ® Two persons, either of whom can be a CPA/Accountant or Commercial Insurance Agent. Term Three-year terms to be staggered. Residency Requirements No requirements. For More Information Contact Katharine Thompson at 758-7713. 1 of 1 11/19/2013 3:12 PM RESOLUTION NO.4780 AAA. i`.i.r�7 iJi�il i iiJl�i7 i �ir'L L' w7 i1`'1A3A.1AA7IA %'i1VILT %�.V1VT�/iYAAC, AJL� V k' A,%Jr1Y1v.1V 1 rc Z d iJA.l V li-17%a LOAN FUND FOR BUSINESS RETENTION AND EXPANSION AND TO CREATE AN ECONOMIC DEVELOPMENT LOAN REVIEW COMMITTEE. WKEREAS, Rural Development and CDBG Economic Development Block Grant sources have funding available for the creation of revolving loan funds for small business retention and expansion which may stimulate economic development activity by assisting the private sector where a funding gap exists and alternative sources of public and private financing are not adequate; and WHEREAS, the Kalispell City Community Development Department will be able, through the use of such an economic development revolving loan fund and with funding from these grant sources, to assist businesses by making appropriate long-term, reasonable fixed rate financing to small businesses to stimulate economic development activity; and WHEREAS, a Steering Committee of local business and banking professionals have developed a set of policies and procedures for the management of an Economic Development Revolving Loan Fund which will effectively direct a Loan Review Committee in the management of the Fund; and WHEREAS, a Loan Review Committee should be established and appointments made to that Committee to monitor and direct the Economic Development Revolving Loan Fund. N01 , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. An Economic Development Revolving Loan Fund (RLF) shall be established within the budget of the City of Kalispell, which shall be funded solely from the Rural Development and CDBG Economic Development Block Grant sources. Loans from this fund shall be used to continue the activities from which the program income is being derived; 1) specifically to create, retain and improve employment opportunities and wages, and to 2) assist in preventing or eliminating blight, to revitalize, upgrade or improve the commercial/business area of the Kalispell community, and 3) to contribute partial funding as a match for Community Development projects funded with State and Federal funds. To this end the use of the RLF shall be governed by the City of Kalispell Economic Development Revolving Loan Funds Policy and Procedures manual attached hereto as Exhibit "A" and incorporated fully herein by this reference. SECTION II. The five person steering committee which authored the Policy and Procedures established above in Section I shall be and is hereby appointed to serve as the Loan Review Committee. The first term for Peaav Youna and A.J. King shall be for a period of two years and the first term for Dave Hanson, Rick Hart and Donna Bolander shall be for three years. All terms thereafter cha11 he far a nPrinrl of three vearc TTnnn the expiratinn of anv term or withdrawal of any committee member prior to the expiration of the term, the Committee shall develop and submit, for each opening, a list of up to three nominees to the Mayor who shall then, with the approval of Council, either make the appointment from that list to fill the seat on the Committee or call upon the Committee to develop and submit a new list of up to three nominees to fill the vacant seat. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 5TH DAY OF MAY 2003. Pame a B. lte dy Mayor ATTEST: Theresa White City Clerk CITY OF KALISPELL MISSION STATEMENT The City of Kalispell's Economic development Revolving Loan Fund (RLF) is designed to stimulate economic development activity by assisting the private sector in order to create or retain jobs for low and moderate income persons. These funds are intended to be used in situations where a funding gap exists and alternative sources of public and private financing are not adequate. These funds are intended to compliment conventional business financing techniques by leveraging funding from other Federal and State financing programs and private lending institutions. The RLF is designed to assist businesses by making appropriate long -terra, fixed rate financing available at reasonable interest rates by providing improvements in support of Economic Development activities. The Economic Development Revolving Loan Fund will continue the activities from which the program income is being derived; specifically to: 1. Create and retain employment opportunities. When applying for Community Development Block Grand Funds (CDBG) it should benefit no less than 51 % Low and Moderate Income (LMI) individuals within the City of Kalispell and Service area. 2. To assist in preventing 'or eliminating blight, to revitalize, upgrade or improve the Commerciallbusiness area of the community; 3. To contribute partial funding as a match for Community Development projects funded with State and Federal funds. B. FINANCING POLICIES The City of Kalispell Economic Development Revolving Loan Fund will be guided by the following financing policies: No loan will exceed the maximum limit or the debt/equity ratio limit of the primary funding source. The loan interest rate will be determined based on the appropriate index and the risk of the loan as determined by the Loan Review Committee. The Economic Development Loan Review Committee will have the authority to approve special financing, such as deferrals of principal or interest payments or both, to meet a borrower's need for high -risk financing and to leverage financing from conventional borrowers. The Committee may also forgive or postpone loan payments due to special circumstances or unanticipated difficulties. When considering requests for postponement of payment obligations, the Committee will consider the request on its merits alone and will base its decision on a thorough analysis of the business's financial statements, especially historical and projected cash flows. Moratoria on principal payments will be granted only for businesses that can evidence the ability to achieve a positive cash flow within a specified time. Payments may be postponed for a maximum period of one year upon the Economic Development Loan Review Committee's consideration. The Economic Development Loan Review Committee will consider the merits and potential economic benefits of each request. When appropriate, financing may be secured by liens or assignment of rights in the assets of assisted firms in accordance with the following principles: 1. To encourage the participation of other lenders and investors, the City of Kalispell's lien position may be subordinated and made inferior to liens securing other loans made in connection with the project. 2. In projects involving direct working capital loans, the City of Kalispell, will normally obtain collateral such as liens on inventories, receivables, fixed assets or other available assets of the borrower. Such liens may be subordinated only to existing liens of record and other loans involved in the project. 3. The City of Kalispell may also require security in the form of assignment of patents, licenses, intangibles and other assets with a realizable value. 4. Life and disability insurance may be required on each owner or key person(s) of the business or corporation with 20% or more ownership. Such policies will be assigned to the City of Kalispell. 5. Personal guarantees may also be required from principal owners when the Economic Development Loan Review Committee determines that sufficient collateral is not available for the loan. 6. Loan amounts will not exceed appropriate percentage of the value of the collateral offered through the above means. 7. Hazard or liability insurance will be required on all businesses, and policies will have City of Kalispell listed as loss payee. All proceeds from interest payments and loan fees will be utilized in one or all of the following ways: 1. To cover Loan Loss Reserves. 2. To pay back the RD-IRP loan. 3. To cover administrative costs related to the loan fund programs. 4. Returned to the revolving loan fund to provide funds for additional loans. 5. Used as collateral and payment to other financial institutions to allow City of Kalispell to borrow short -terms funds for immediate increased capitalization of the loan fund. An appropriate loan origination fee (generally recommended 1 to 3%) will be charged for all loans. At the discretion of the loan review committee, this requirement may be reduced to the most reasonable rate to encourage participation in the program. Title insurance, appraisal cost and all other applicable fees or charges will be billed 100% to the borrower and must be paid at closing. 2 Community Development Department staff will utilize other state and federal programs to the maximum extent feasible either in lieu of or in conjunction with the program in an effort to secure maximum economic benefits to the City of Kalispell. C. PORTFOLIO STANDARDS AND TARGETS Type of Businesses/Activities Assisted All loans anviied for must demonstrate a clear need for gan financing. Loan aecictanca ------------ will be given to existing businesses for job retention and/or expansion. New businesses locating in the greater Kalispell area will be evaluated on the same level as existing businesses. Higher scores for either type of application may be obtained through creation of more jobs and/or higher wages. Working Capital Loans It is the long term goal of this program that no more than 50 percent of a total loan portfolio will be allocated to working capital. A minimum of 50 percent of the portfolio will consist of fixed asset loans. Leveraging The overall loan portfolio will leverage a minimum of one private dollar for every one dollar of the City of Kalispell financing Loan Loss Reserve A 2% loan loss reserve shall be established at the creation of each new loan. As the portfolio grows and matures, the reserve percentage will be assessed for adequacy at regular intervals, but no less than annually. As losses occur, the reserve account will be charged with the loss and the reserve account will be adjusted through additional charges to earnings if necessary to keep the reserve account at the current minimum standard D. REVOLVING LOAN FUND SELECTION CRITERIA 1. The City of Kalispell's Economic Development Loan Fund will only provide financing that is otherwise not available. 2. Loan recipients will be evaluated on their ability to create or retain jobs as well as the wage rates they will pay. 3. All loan recipients must be located in the City of Kalispell or within an impact service area to City of Kalispell and must agree to remain so during the life of the loan. 4. The Loan is due and payable, in full, if loan recipient's project was to relocate outside the impact service area that benefits the City of Kalispell. E. PERFORMANCE ASSESSMENT PROCESS Performance as measured by the Revolving Loan Fund Mission Statement will be evaluated by City of Kalispell Economic Development Department and The Economic Development Loan Review Committee. This will be done annually or when deemed appropriate during the first three years of the loan. If necessary the Economic Development Revolving Loan Fund Plan :may be modified to accon-iinodate changes in 3 the need for financing and new opportunities for economic development that may arise. All proposed modifications to the Polices and Procedures willl be forwarded to the various funding sources for approval. Procedures governing the USDA, Rural Development, and Intermediary Reiending and Community Development Block Crrant Program (CDBG) will be submitted to each proper governing body for their approval. Loan Review Committee In order to provide financing and lending expertise to the loan review process, an Economic Development Loan Review Committee will be created consisting of S members appointed by the Mayor and City Council. The Community Development Department will contribute expertise to the loan review process. The duties of the Economic Development Loan Review Committee will be as follows: 1. Review completed loan application submitted to the Community Development Department of the City of Kalispell, establishing that each loan request has sufficient collateral, financial feasibility and sound management. The Committee will meet monthly or as needed to review loan packages. 2. The Economic Development Loan Review Committee may make the following decisions regarding loan applications. a. Approve the request with standard conditions. b. Approve the request with standard conditions and special contingencies. c. Deny the request with reasons explained. d. Table the request for future consideration. 3. The Committee may make recommendations regarding revisions to these Policies and Procedures to the Kalispell City Council. Appeal Process If an applicant should disagree with the decision of the Loan Review Committee, a written appeal can be made to the committee up to 30 days after the date of the denial letter. The applicant will be required to attend the meeting and specifically explain why the committee should reconsider the decision. Should the applicant's request be denied a second time, the project will no longer be considered for assistance from the City of Kalispell's Economic Development Revolving Loans Funds. B. LOAN PROCESSING PROCEDURES Standard Loan Application Requirements At a minimum all loan applicants must complete the applicable Application Form. Additional information required to complete the application process includes. 1. Existing business - historical financial reports for last three years of operation. 2. Tax returns for last 3 years for the business plus 3 years personal tax returns. 3. Current financial statements (at least the last 3 months). 4. Completed business plan with 3 year projections and the first year month by month cash flow, Pro Forma, income statement(s) and balance sheet(s). 4 5. General Information Release form 6. Resume of key personnel. Credit Reports All applicants trust agree to allow The Community Development Department to request credit reports on the principals involved in the business by signing an Information f Release Form. Appraisals Appraisals will be required for land and building offered as collateral. Appraisals must be less than six months old prior to submittal of the loan application to the Community Development Department. Appraisals of other assets, such as equipment and machinery, may be required if values are questionable. Appraisals trust be prepared by either a certified appraiser or by a third parry with sufficient knowledge and expertise. The requirement of an appraisal may be waived if the applicant can verify the value of the land and building in some form other than an appraisal and the Loan Review Committee approves the valuation as being valid and acceptable and such value is sufficient for the amount of loan requested. Loan applicant is responsible to pay appraisal fee up front. If the bank has already requested an appraisal for their approval process, this appraisal may be used by the Community Development Department. Environmental Reviews All construction projects will be reviewed for their impact on floodplains, wetlands, endangered species, water supplies, wastewater treatment and other environmental factors (MEPA/NEPA). No project that will have unmitigated harmful impact on the environment will be approved. The environmental review process will consist of the following steps: Step #1: Each project proposed for assistance will be screened relative to environmental concerns. Step #2: A permanent record of that screening process will be maintained for each proj ect. Standard Collateral Requirements, 1. All loans must be adequately collateralized. 2. Title insurance will be required when land and buildings are included in the collateral for a loan.. 3. Life and disability insurance on the principals will also be required for proprietorships, partnerships and closely held corporations. 4. All borrowers must carry insurance on assets pledged for collateral, such as buildings and equipments, in an amount no less than 80% of replacement value. 5. The City of Kalispell will require security agreements for each loan and UCC financing statements will be filed in every case where equipment, machinery, accounts receivable, inventory and other assets are pledged as collateral. 6. Personal guarantees will be required from individuals who own more than twenty percent of the outstanding stock of a corporation. Personal guarantees (full or limited, secured or unsecured) may be secured from the officers and directors of closely held corporations if necessary. Standard Equity Requirements 1. Generally borrowers should have a debt/equity ratio no larger than 5 to 1. 2. For new businesses, the equity_ requirement must be in the form or cash or equivalent. 3. Existing business seeking financing for expansion or working capital must demonstrate a debt/equity ratio of no more than 5 to 1 after the financing has been injected. Other Requirements 1. Relocation: If CDBG funds are used, these funds cannot be used to move a company within the State. Use of federal funds will not be allowed for business relocation from one state to another. However consideration will be given to a business that has sufficient written evidence describing the need for relocation. 2. Flood Hazard Insurance: Prior to approval of any project in a designated flood hazard area, the borrower will be required to obtain. Flood Hazard Insurance, which must be in effect prior to the disbursement of fiends. 3. Civil Rights: The City of Kalispell will assure equal opportunity in its lending practices by advertising loan opportunities, contacting existing minority businesses in the area and disseminating information to local minority organizations. The Community Development staff will also inform local lenders about the availability of the loan programs and its guidelines. The City of Kalispell will insure that borrowers do not discriminate against employees or applicants for employment by including in each application a statement of compliance with all applicable state and federal laws and regulations. The City of Kalispell will monitor the employment practices of approved borrowers on a regular basis, but not less than annually. Periodic checks may be made to verify that the project hiring and training plan is being implemented properly. Complaints alleging discrimination will be referred to the Montana Human Rights. 4. Commission: No applicant will be denied a loan on the basis of race, color, national origin, religion, age, handicap or sex. 5. Access for the Handicapped: If the proposed borrower requests financing for a construction project that will have public access, assurances of accessibility for the handicapped must be provided. 6. Davis Bacon: In the event funds will be used for construction purposes subject to Davis -Bacon and Federal Labor Standards requirements, appropriate procedures will be followed to comply with these laws. Loan Write -Up When an application submitted to The Community Development Department is determined complete, the Community Development staff will prepare a loan write-up, which will be submitted to the Economic Development Loan Review Committee at least one week before the Committee meets to consider the loan request. The loan write-up will include a narrative discussing how the proposed gap financing does not replace lender financing sources. All other pertinent documents supporting the loan request will C be presented to the review committee. The loan write-up will also explain how the proposed project meets the criteria for assistance from the applicable loan fund and summarize the anticipated benefits {job creation and retention, tax base, indirect benefits to other businesses, etc.). All borrowers will receive a written notice of the loan decision. If the loan is denied, the reasons for denial will be clearly stated and borrowers will be informed of their appeal rights. Loan Ranking of Applications Each Revolving Loan Fund application for assistance will be ranked in five categories, a Best ranking will equal 5 points; an Average ranking will equal 3 points; and a Poor ranking will equal 1 point. Any application receiving less than an "Average" score in a category is ineligible for the benefits of this program and will be rejected. 1. Business proposal is appropriate for the City and this program. Best = 5 Average = 3 points Poor = 1 point. 2. Business proposal is financially feasible. 3. Number of jobs created or retained. Greater than 10 jobs = 5 points Between and including 5 anal 10 jobs = 3 points Less than 5 jobs = 1 point 4. All jobs created will be at Montana Living Wage = 5 points Between and including 5 to 10 jobs at Montana Living Wage = 3 points Less than 5 jobs at Montana Living Wage = I point 5. Cost per job. Less than or equal to $15,000/jobs = 5 points. $15,001 — $25,000 = 3 points. $25,001 plus = I point. 6. Percent benefit to Low and Moderate Income (LMI) Persons, (only when CDBG funds are used). 80% - 100% = 5 points. 60% - 79% = 3 points. 51% - 59% = 1 point. Note: Compute by dividing the number of jobs created for and or retained by LMI persons by the total number of jobs created and/or retained. 7. Area economic impact: Project which has the broadest potential for impact on other area businesses, or real estate values, or school enrollments or agriculture etc, will be given a `Best = 5 points". 7 Other applications will be ranked against the best application, with the next best receiving an "Average = 3 points". r.,t,�in 60 %.a1v Ldcu uaya 11V111 quo d.PV111 Q.11V11 UG21u1111e, the Cornnlittee will provlae a written evaluation of each loan application, accompanied with a recommendation for loan approval or rejection. General Closing Rgquzrements Upon approval of the loan by The Economic Development Loan Review Committee, staff will prepare the loan agreement, a draft of which will be submitted to the City Attorney for review. The loan agreement will describe the document needed to confirm equity capital injection and private lender financing. Equity capital will be evidenced by a balance sheet and in the case of subordinated notes, the applicable agreements. Depending on the circumstance, independent confirmation of the balance sheet may be required. Private lender financing will be evidenced by a binding commitment letter. When the loan approval is signed, a loan closing date will be scheduled. Loan Closing Documentation Re uirements 1. A list of all required loan documents will be provided to the borrower prior to loan closing. 2. Lien and title searches will be completed prior to loan closing and execution of security documents. 3. City of Kalispell will file all pertinent documents to perfect the City's lien position, immediately upon loan closing. 4. The following is a list of STANDARD closing documents but not limited to to the following: Promissory Note Amortization Schedule Hiring and Training Plan (if needed) Trust Indenture/Mortgage Security Agreement UCC Financing Statement Personal Guarantee Federal Labor Standards E. ADMINISTRATIVE PROCEDURES Loan Files and Documentation Economic Development Revolving Loan Fund loan files will contain the following information: a. Completed loan application with attachments and information release form. b. Loan write-up and minutes of Economic Development Loan Review Committee and Community Development meetings at which the loan was discussed. c. Borrower eligibility analysis. d. Conflict of interest statements signed by each Loan Review Committee member. e. Loan Agreement, with correspondence from attorney regarding the agreement. f Environmental assessment. g. Documentation of other project financing. h. Historical and current financial statements and tax returns. i. Personal financial statements (required for personal guarantors and all individuals signing the promissory note. j. General correspondence and copies of newspaper articles related to the project. k. Loan closing statement and summary of loan processing expenses (i.e., legal fees, title insurance, filing costs, etc.). 1. Copy of promissory note. Loan Disbursement Requirements Borrowers must prepare a request for loan funds that describes the use of the funds requested along with attached supporting documentation. The loan agreement will describe any special requirements governing the disbursement of loan funds, especially as related to working capital and construction loans. F. LOAN SERVICING PROCEDURES Loan Payment and Collection Borrowers will make monthly payments to City of Kalispell in accordance with the promissory note executed at loan closing. All loan payments will be deposited immediately into the RLF account. Past due payments will be assessed at a 5% late fee, or $25 whichever is less. Fee will be assessed 10 days after due date of the loan payment. Loan Monitoring 1. All borrowers must submit audited financial statements, consisting of a balance sheet, income statement and annual tax return to the Community Development annually. 2. New borrowers will be required to submit monthly financial statements for the first 6 to 8 months. 3. The Community Development Department will receive copies of all insurance notifications sent to borrowers. 4. UCC filings will be renewed every five years. The collateral backing a loan will be assessed every three years. 5. The Community Development staff will visit the site of each borrower at least twice a year and conduct an annual loan review. Late Payment_Administratiye Follow-up Tfpayment is not received within 30 days, Community Development staff will meet with the borrower to assess the situation. Loans that are over 90 days in arrears will be declared in default and appropriate recovery action will be taken if the loan is not brought E current. If the borrower request postponement of the payment obligation, the request will be submitted to the Loan Review Committee immediately. YY I2kG-1J1iJ In the event all efforts to bring a loan current fail and a default is declared by the Loan Review Committee, it will be recommended to write-off the loan when all possible value from loan collateral has been realized. The amount lost, if any, on. the loan will be determined and will be withdrawn from the loan loss reserve to restore the base capital of the loan fund. Compliance Procedures Prior to submitting the annual RLF Report, the Community Development Director will conduct an internal review to ensure compliance with all grant requirements and to assess the effectiveness of ongoing monitoring efforts. Corrective actions, if needed, will be discussed with the City Council when the Annual Report is completed. Community Development staff will publicize the availability of the loan programs through the local news media, brochures and public meetings. Visits will be scheduled with area lenders, accountants, chambers of commerce, local government officials and civic groups to explain the program. G. SOURCES OF FUNDIING TO COVER ADMINISTRATIVE COSTS The administrative cost of the loan fund programs will be provided from interest earned on loans, loan service fees, income generated by contracted services and general administrative funds already available to the City. The City Council will approve an administrative budget for the organization prior to the beginning of each fiscal year. The Community Development Director and Redevelopment Manager will prepare the proposed budget. 10 BY-LAWS C� Flathead Emergency Communications Center (FECC) Board Flathead County, Iviontana ARTICLE I — Name The official name of this entity is the Flathead Emergency Communications Center Board (hereinafter, the FECC Board). ARTICLE II -- Purpose and Powers The Administrative Board was created in April 2009 to fulfill the requirement outlined in the Interlocal Agreement which was executed by Flathead County, the City of Columbia Falls, the City of Kalispell; and the City of Whitefish. The FECC Board shall: 1. Adopt and approve By -Laws to govern its proceedings; 2. Adopt administrative policies to govern FECC staff rights, salary schedules, fringe benefits, and such other matters as may be proper and necessary to the efficient and harmonious operation of the FECC. 3. Hire a director, in conjunction with the Board of Commissioners of Flathead County, pursuant to the provisions of the Interlocal Agreement. 4. Appoint members to and approve the by-laws of an Operations Board. S. Appoint up to two (2) public at -large members to and approve the by-laws of an Advisory Committee, pursuant to the provisions of the Interlocal Agreement. a. The at -large members will be appointed from a list of applicants. b. The FECC Board shall give notice of and seek applications for the at -large positions by article in the newspaper at least 30 days before filling the positions. c. At -large members will serve two (2) year terms. 6. Appoint members to and approve the by-laws of a Funding Committee, pursuant to the provisions of the Interlocal Agreement; ARTICLE III — Membership The FECC Board shall be composed of the following members: I. Flathead County Sheriff (alternate: Undersheriff); 2. a Flathead County Commissioner chosen by the Flathead Board of County Commissioners (alternate: another Flathead County Commissioner); 3. the Flathead County Attorney (alternate: a Flathead County Official); and 4. each of the cities of Columbia Falls, Kalispell, and Whitefish shall designate an elected official (alternate: another Official from that city). ARTICLE IV — Officers Rev. 9/14/11 Rev. 4/13/11 Orig. 8/12/09 The FECC Board shall elect at its first meeting each calendar year a Presiding Officer, a Vice Chairperson, and such other officers as it may deem best and advisable. The Chairperson shall conduct the meetings and assume such other functions as the members shall determine are necessary. ARTICLE V — Meetings and Quorum 1. Regular meetings of the FECC. Board shall be held quarterly at 1:15 p.m. on the second Wednesday of January, April, July, and October of each year at the FECC, unless otherwise directed by the Presiding Officer. 2. Special meetings of the FECC Board may be called by the Chairperson or any two (2) FECC Board members, with at least two days' written notice given to each member. E-mail notification for members with access to e-mail shall be deemed sufficient written notice. 3. A quorum for both regular and special meetings shall consist of a simple majority of members (or their alternates) of the FECC Board members. 4. An agenda for each regular meeting, prepared by the Director in coordination with the Presiding Officer, shall be mailed or e-mailed to each FECC Board member, and made available for public viewing on the 911 website at least one week prior to each regular meeting. For special meetings, an agenda shall be mailed or e-mailed to each FECC Board member and made available for public viewing on the 911 wcbsitc with the required two-day written notice of the special meeting. ARTICLE VI — Parliamentary Authority The rules contained in Roberts Rules of Order shall govern the FECC Board for all matters not covered in these By -Laws. ARTICLE VIII — Amendments These By -Laws may be amended at any regular meeting of the FECC Board by a majority vote, notice having been given at least two weeks prior to that meeting. Adopted by the FECC Board on August 12, 2009. Amended by the FECC Board on September 14, 2011. Vice Chairperson (Vice Chairperson Signature on behalf of the Board in the absence of the Chair) Rev. 9/14/11 Rev. 4/13/11 Orig. 8/12/09 Kalispell.Com - City of Kalispell - Mayor and City Council - Impact. http://www.kalispell.com/mayor_and_city_council/impact fee_comrr .. Impact Fee Committee Current Members Tart; Ends VACANT 4/30/2016 Jason Mueller 4/30/2016 VACANT 4/30/2015 Larry Sartain 4/30/2015 Jeff Zauner 4/30/2014 Chad Graham 4/30/2014 Rick Wills (Interim CPA) Creation Resolution Nos. 5062 and 5093. Purpose To review and monitor the process of calculating, assessing, and spending impact fees. Membership The committee shall consist of a maximum of seven members and shall have at least one representative of the development community and one certified public accountant. Term Three-year terms to be staggered. Residency Requirements Members must be either property owners, residents, or actively engaged in business or employment within the Kalispell city limits. For More Information Contact Terri Loudermilk at 758-7722. 1 of 1 11/19/2013 3:12 PM KL' DV1AJ 11"IN INV. 3VOL A RESOLUTION OF INTENT TO FORM AN IMPACT FEE ADVISORY COMMITTEE PUicSUA1.iT T O THE STATV I VK Y REVUIREIVMA13 UU J.IM 2UUJ 1VIO1V TAI-4A SESSION LAWS 299. 1R7TIMIn TI, A 0 fL- niia,. «... L..— r Cl--— nzll 1 oe r�lnnc r - VV L r'Ek- ut-lor, Lf1G IVIO 1La11a OLQLG 1..Gg1SldLL11G 1.46bCU JG11aLG Dill 10J tL.LRJJ 1V1VMUlla 3CS51011 1-dWS 299] which establishes the requirements of the utilization of impact fees by local governments; and WHEREAS, the City of Kalispell currently utilizes system development fees in its water and wastewater utilities, which must now be reviewed and ratified pursuant to the requirements of the statute; and WHEREAS, the City of Kalispell should consider the utilization of impact fees to assist in paying for the increasing costs of storm water, transportation, police, fire and park services impacted by the demands of growth; and WHEREAS, the City is required, by the terms of Senate Bill 185, to establish and appoint an Impact Fee Advisory Committee to review and monitor the process of calculating, assessing, and spending impact fees and to appoint to this committee at least one representative of the development community and one certified public accountant. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. An Impact Fee Advisory Committee shall be formed to review and monitor the process of calculating, assessing, and spending impact fees and shall make recommendations to City Council. The committee shall consist of seven (7) members who are either, property owners, residents, or actively engaged in business or employment within the Kalispell city limits, appointed to staggered terms of three (3) years and shall have at least one representative of the development community and one certified public accountant. Notice of the formation of the committee shall be published and statements of interest shall be invited to be submitted to the City Cleric. The Mayor, with Council's consent, shall appoint the committee at the October 17, 2005 regular council meeting. PASSED AND APPROVED BY THE CITY COUNC�I�I�IGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 19TH DAY OF SEPT BER, 05. Pamela B. Kennedy Mayor ATTEST: �'- 1x,6,f, Theresa White City Clerk RESOLUTION NO. 5093 A RESOLUTION AMENDING RESOLUTION 5062, THE IMPACT FEE ADVISORY COMMITTEE. WHEREAS, Resolution 5062 was passed pursuant to State Law on September 19, 2005, and WHEREAS, Resolution 5062 called for seven (7) Impact Fee Advisory members, who are either property owners, residents, or actively engaged in business or employment within the Kalispell city limits, and WHEREAS, after advertising the availability of seats on the Impact Fee Advisory Committee a number of times and not succeeding in finding seven (7) members, the City Council now amends the number of committee members to a maximum of seven (7). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. Section 1. of Resolution 5062 is hereby amended to read as follows: An Impact Fee Advisory Committee shall be formed to review and monitor the process of calculating, assessing, and spending impact fees and shall snake recommendations to City Council. The committee shall consist of a maximurn of seven (7) members who are either., property owners, residents, or actively engaged in business or employment within the Kalispell city limits, appointed to staggered terms of. three (3) years and shall have at least one representative of the development community and one certified public accountant. Notice of the formation of the committee shall be published and statements of interest shall be invited to be submitted to the City Clerk. The Mayor, with Coimcik's consent, shatt appoint committee members at the March 6, 2006 regular council meeting. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED I3Y THE MAYOR OF THE CITY OF KALISPELL, THIS 21ST DAY OF FEBHUARY, 2006. 1 Pamela B. Kennedy Mayor ATTEST: Theresa'White City Clerk Kalispell.Com - City of Kalispell - Mayor and.City Council - Parkin... http://www.kalispell.com/mayor_and_cit _council/parldng_commiss... Parking Advisory Board Current Members Term Ends VACANT 4/30/2015 Janet Clark 4/30/2016 Mark Pirrie 4/30/2016 Joel Schoknecht 4/30/2016 VACANT 4/30/2014 Creation Ordinance 1709. Purpose To provide advice and recommendations to the Kalispell City Council regarding on street and off street parking. Membership The Parking Advisory Board shall be composed of five members. Term Four-year terms to be staggered. Residency Requirements Members must be electors of the City of Kalispell or own real property within the limits of the City of Kalispell. For More Information Kalispell Police Department - (406) 758-7711 1 of 1 11/19/2013 3:12 PM l "T VMT 1 lA 7!` . %Tl -1 n VIILUJUNALM�r� IN", I My AN ORDINANCE DISSOLVING THE KALISPELL PARKING COMMISSION AND TERMINATING THE SPECIAL PARKING DISTRICT NO. 2, PROVIDING FOR THE ASSUMPTION OF PARKING COMMISSION FUNCTIONS BY THE KALISPELL POLICE DEPARTMENT- PROVIDING FOR THR CREATION OF TIER KA*fTgPFT,L. PARKING ADVISORY BOARD AND SETTING AN EFFECTIVE DATE. WHEREAS, pursuant to Title 7, Chapter 14, Part 46 MCA, the Kalispell Parking Commission was established on the 21" day of June, 1993 by Resolution No. 4105 and the Special Parking District No. 2 was established on the 19a' day of July, 1993 by Resolution No_ 4110; and WHEREAS, city staff and the Kalispell Parking Commission are jointly recommending that critical cost savings will likely be realized by dissolving the Commission, assuming those functions under the Kalispell Police Department and creating a Parking Advisory Board to provide advice and recommendations regarding on and off street parking to the Kalispell City Council; and WHEREAS, pursuant to MCA 7-14-4616 the Kalispell City Council has the authority to wind up the affairs of the Kalispell Parking Commission and to assume its functions and obligations; and WHEREAS, the Kalispell City Council hereby finds that the Kalispell Parking Commission has no outstanding financial obligations in the form of debt or duties, that the off street parking facilities are owned by the City of Kalispell, that savings may be realized by bringing the functions of the Commission into the Kalispell Police Department and that a parking advisory board will provide a similar benefit to the City as provided by the Commission. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, AS FOLLOWS: SECTION x. The Kalispell Parking Commission established by Resolution No. 4105 is hereby dissolved and the Special Parking District No. 2 established by Resolution No. 4110 is hereby terminated. All references in the Kalispell City Code to the Kalispell Parking Commission in terms of enforcement shall be replaced by Kalispell City Police Department. SECTION II. A five (5) member Parking Advisory Board shall be established to provide advice and recommendations to the Kalispell City Council regarding on street and off street parking, said board to meet as necessary. The personnel currently serving on the Commission shall continue to serve on the Advisory Board until May 1, 2012. The Kalispell City Council shall solicit letters of interest annually from City residents and owners of businesses located in the City to fill the rive seats with terms running from May I't to April 30`h. SECTION III. This Ordinance shall be effective thirty (30) days from and after the date of its final passage and approval. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 19TH DAY OF DECEMBER, 2011. i Tammi Fisher Mayor ATTEST: Theresa White City Clerk RESOLUTIONS NO. 4105_ A RESOLUTION DECLARING A NEED FOR A PARKING COMMISSION TO FUNCTION IN THE CITY OF KALISPELL, MONTANA, AND DECLARING A JURISDICTIONAL AREA WHEREIN SAID PARKING COMMISSION IS AUTHORIZED TO FUNCTION. WHEREAS, Section 7-14-4601, MCA determines that excessive curb parking and lack of adequate off --street parking facilities in cities is against the public interest, and WHEREAS, Title 7, Chapter 14, Part 46, Montana Code Annotated, provides a means by which cities may regulate on -- street and off-street parking in a coordinated manner, and WHEREAS, the City of Kalispell considers it desirable to create a Parking Commission to operate under the authority of Title 7, Chapter 14, Part 46, Montana Code Annotated. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION 1. That there exists a geed for the City of Kalispell to exercise the powers granted in Title 7, Chapter 14, Part 46 Montana Code Annotated, through the appointment of a Parking Commission. SECTION II. That the Parking Commission appointed pursuant to this Resolution shall have the authority .granted to parking commissions under Title 7, Chapter 14, Part 46 Montana Code Annotated, within the jurisdictional area, hereinafter described in Exhibit "A", attached hereto and thereby made a part hereof. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF KALISPELL, MONTANA, THIS 21 st DAY OF JUNE, 1993. _��Q)_' kw�_ Dougla D. Rauthe - Mayor Attest: _. �; Z "/ F.inan a Director EXHIBIT "A" Beginning at the North Boundary of Center Street at the Westerly intersection with 3rd Avenue West, thence, along the Forth Boundary of Center Street, Easterly, to the intersection with the Easterly Boundary of 3rd Avenue East, thence, along the Easterly Boundary of 3rd avenue East, Southerly, to the intersection with the Southerly Boundary of 5th Street, thence, along the Southerly Boundary of 5th Street, Westerly, to the intersection with Westerly Boundary of 3rd Avenue West, thence, along the Westerly Boundary of 3rd Avenue West to the intersection with the North Boundary of Center Street, the Point of Beginning. Kalispell.Com - City of Kalispell - Mayor and City Council - PIannin... htip://www.katispell.conVmayor_and_city_council/planning_board.php Planning Board Current Members Term Ends Rory Young (County) 4/30/2015 Phillip Guiffrida Council Term Chad Graham, President 4/30/2015 Ken Hannah 4/30/2014 Matt Regier 4/30/2014 Richard Griffin 4/30/2014 Charles Pesola, Vice President 4/30/2014 Creation Montana Code Annotated 76-1-221 through 224. Purpose To improve the present health, safety, convenience, and welfare of Kalispell citizens and to plan for the future development of the community to the end that highway systems be carefully planned; that new community centers grow only with adequate highway, utility, health, educational, and recreational facilities; that the needs of agriculture, industry, and business be recognized in future growth; that residential areas provide healthy surroundings for family life; and that the growth of the community be commensurate with, and promotive, of the efficient and economical use of public funds. Membership Not less than seven members as follows: • One member appointed by the City Council from its membership. • One member appointed by the City Council, who may in the discretion of the City Council be an employee or hold public office in the City or County in which the City is located. • One member appointed by the Mayor as designated by the County Commissioners. • Four citizen members to be appointed by the Mayor, two of whom shall be resident freeholders within the urban area, if any, outside of the city limits, and two of whom shall be resident freeholders within the city limits. Term Two-year terms to be staggered. The City Council member term shall coincide with his/her term as a Council member. Residency Requirements See Membership section. For More Information Contact Planning. 1 of 1 11/19/2013 3.12 PM 76-1-221. Membership of city planning board. Page 1 of 1 Previous Section MCA Contents Fart Contents Search Help Next Section 76-1-221. Membership of city planning board. (1) A city planning board shall consist of not less than seven members to be appointed as follows: (a) one member to be appointed by the city council from its membership; (b) one member to be appointed by the city council, who may in the discretion of the city council be an employee or hold public office in the city or county in which the city is located; (c) one member to be appointed by the mayor upon the designation by the county commissioners of the county in which the city is located; (d) four citizen members to be appointed by the mayor, two of whom shall be resident freeholders within the urban area, if any, outside of the city limits over which the planning board has jurisdiction under this chapter and two of whom shall be resident freeholders within the city limits. (2) The clerk of the city council shall certify members appointed by its body. The certificates shall be sent to and become a part of the records of the planning board. The mayor shall make similar certification for the appointment of citizen members. History: (1)En. Sec. 4, Ch. 246, L. 1957; amd. Sec. 1, Ch. 271, L. 1959; Sec. 11-3804, R.C.M. 1947; (2)En. Sec. 7, Ch. 246, L. 1957; Sec. 11-3807, R.C.M. 1947; R.C.M. 1947, 11-3804(pazt), 11- 3807. Provided by Montana Legishkive Services http://Ieg.mt.govAbills/mca/76/l/76-1-221.htm 11 /19/2013 76-1-222. City council member of city planning board. Page 1 of 1 Pre4ous Section MC/A Contents Part Conlents Search Help Next Section 76-1-222. City council member of city planning board. (1) As soon as the city council has enacted an ordinance creating a city planning board, the city council shall select a member of its body to serve on the planning board. The term of the appointed member must be coextensive with the term of office to which the member has been elected or appointed unless the council, on its first regular meeting of each year, appoints another to serve as its representative or unless the member's term is terminated as provided in this part. (2) The city council shall fill any vacancy occurring in its respective membership on the planning board. History: En. Sec. 6, Ch. 246, L. 1957; R.C.M. 1947, 11-3806; amd. Sec. 2511, Ch. 56, L. 2009. PrG ded by Montana Legisietive Services http://Ieg.mt.gov/bills/mea/76/l/76-1-222.htm 11/19/2013 76-1-223. County representative for city planning board. Page 1 of 1 Pretiious Section MCA Contents Part Contents Search Help Next Section 76-1-223. County representative for city planning board. When a city council has enacted an ordinance creating a city planning board or when a vacancy occurs in the county's membership on the city planning board, the board of county commissioners of the county in which the city is located shall within 45 days designate a representative of the county to the mayor of the city for appointment to the city planning board. This representative may be a member of the board of county commissioners or an officeholder or employee of the county. The mayor may not reject or refuse to appoint to the city planning board a representative designated by a board of county commissioners as provided in this section, but if the county fails to designate a representative, then the mayor may appoint as a representative of the county a person of the mayor's own choosing and at the mayor's sole discretion. History: En. Sec. 14, Ch. 246, L. 1957; R.C.M. 1947, 11-3814; amd. Sec. 2, Ch. 266, L. 1979; amd. Sec. 1, Ch. 269, L. 2003. Provided by Montana Legisiative Services http://leg.mt.gov/bills/mca/76/in6µ1-223.htm ] 1/19/2013 76-1-224. Citizen members of city planning board. Page 1 of 1 Previous Section MCA Contents Part Contents Seaich Help Next Section 76-1.-224. Citizen members of city planning board. (1) The citizen members shall: (a) be qualified by knowledge and experience in matters pertaining to the development of the city; and (b) hold no other office in the city government. (2) Any citizen appointee may be removed from office by a majority vote of the governing body of the city. History: En. Sees. 8, 13, Ch. 246, L. 1957; amd. Sees. 3, 5, Ch. 247, L. 1963; R.C.M. 1947, 11- 3808, 11-3813; amd. Sec. 3, Ch. 266, L. 1979. Provider! by Montarw Legis/alive Services http://Ieg.mt.gov/bills/mea/76/l/76-1-224.htm 11 /19/2013 ORiivAivC P, 11 . i.4X) AN ORDINANCE MAKING THE EXISTING INTERIM KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION A PERIALANENT ENTITY. WHEREAS, at the public hearing on December 17, 2001, the Board of County Commissioners of Flathead County passed Resolution No. 1543, unilaterally purporting to withdraw froze. the Kalispell City -County Planning Board and eliminate the extraterritorial jurisdiction of that board without the concurrence of the Kalispell City Council; and WHEREAS, Ordinance No.1411 was passed on December 26, 2001, creating an Interim Kalispell City Planning Board, establishing an immediate effective date and limited 90 day duration; and WHEREAS, that 90 day period expired on March 26, 2002, which necessitated an extension of an additional 90 days; and WHEREAS, Ordinance No. 1414 was passed on March 18, 2002, extending the Interim Kalispell City Planning Board, establishing an immediate effective date and limited 90 day duration; and WHEREAS, that 90 day period expired on June 18, 2002, which necessitated an extension of an additional 90 days; and WHEREAS, Ordinance No.1429 was passed on July 1, 2002, extending the Interim Kalispell City Planning Board, establishing an immediate effective date and limited 90 day duration; and WHEREAS, it is in the best interest of the City that the current interim planning board and zoning commission be made a pennaneot entity pursuant to the requirements of Title 76 of the Montana Code; and WHEREAS, pursuant to MCA 76-1-221, the terms of the individual members should be established so that a minimum number of terms shall expire in any year. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ICALLISPELL, MOIVTANA, AS FOLLOWS: SECTION I. The current interim Kalispell City Planning Board and Zoning Commission is hereby established as a permanent entity pursuant to the requirements of Title 76 of the Montana Code. SECTION _I1, The city member positions currently filled by Bill Rice and Mark BrecheI shall expire on December 31, 2002 and such positions shall be appointed thereafter as two year terms. The city member positions currently filled by Ron Van Natta, Sue Ellyn Anderson and Bonnie Spooner shall expire on April 30, 2004 and such positions shall be appointed thereafter as two year terms. The county member position Cl,all F.vnlr,- nn tiP!'PmhPr 21 7il ) ,-A --1, n �o�4ir�n A-11 I— vaaiaaa yr.Vu vu Lr.vvaal— ✓a, —r V( 1a1 0"i 11 F%j01WVl4 Ol1ti11 U%, appointed thereafter as a two year term. The city council member position shall run concurrently with the elected term of the city ., .., ,. . Vli'1.'111L11111e—ulue . SECTION III. This Ordinance shall be effective thirty (30) days from and after the date or its zinat passage and approval. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 19TH DAY OF ATTEST: - 1'.k Therjy esa Mite City Clerk Kalispell.Com - City of Kalispell - Mayor and City Council - Police.. http://www.kalispell.conVmayor—and—city_council/police—conirrissi... Police Commission Current Members Term VE lds Sam Herbert 4/30/2014 Barbara Truckner 4/30/2015 Doc Harkins 4/30/2016 Creation Montana Code Annotated, 7-32-4151, and Kalispell Municipal Code § 22-9 through § 22-11. Purpose To assist the City of Kalispell in establishing a hiring process for the police force, and to examine all applicants for the police force. Also, to serve as a grievance board for all matters related to discipline for all sworn police officers. Membership The Mayor shall nominate, and with the consent of the City Council, appoint three residents of such city or town who shall have the qualifications required by law to hold a municipal office therein and who shall constitute a board to be known by the name of "police commission" who shall hold office for three years. Term Three years. Residency Requirements Members must be residents of the City of Kalispell. For More Information Contact Police Department. 1 of 1 11/19/2013 3:12 PM 7-32-4151. Police commission required in all cities and some towns. Page 1 of 1 Previous Section MCA, Contents Part Contents Search Help Next Section 7-32-4151. Police commission required in all cities and some towns. (1) In all cities and some towns, the mayor, or the manager in those cities operating under the commission -manager plan, shall nominate and, with the consent of the city council or commission, appoint three residents of such city or town who shall have the qualifications required by law to hold a municipal office therein and who shall constitute a board to be known by the name of "police commission". (2) This section shall apply to organized police departments in every city and town of the state which have three or more full-time law enforcement officials, regardless of the form of government under which said city or town may be operating or may at any time adopt. History: En. Sec. 4, Ch. 136, L. 1907; Sec. 3307, Rev. C. 1907; re -en. Sec. 5098, R.C.M. 1921; amd. Sec. 1, Ch. 119, L. 1923; re -en. Sec. 5098, R.C.M. 1935; amd. Sec. 1, Ch. 96, L. 1939; amd. Secs. 4, 5, Ch. 152, L. 1947; amd. Sec. 1, Ch. 194, L. 1975; R.C.M. 1947, 11-1804(part). Provided by Montana Legislative Services http://Ieg.mt.gov/bills/mea/7/32/7-32-4151.htm 11/19/2013 22-9 Police Commission; Composition, Appointment, Term. . Page 1 of 1 Dad f�4J£Cpi.45 I �:'��::;:- I is[<Hi[7 I E'_ 6-c I "-ii Chapter 22 POLICE DEPARTMENT 22-9 Police Commission; Composition, Appointment, Term, The Mayor shall nominate and with the consent of the City Council appoint three (3) residents of the City, who shall have the qualifications required by law to hold a municipal office therein, and who shall constitute a board to be known by the name of Police Commission, who shall hold office for three (3) years. One such member must be appointed annually, at the first regular meeting of the City Council in may of each year; provided, that at the first meeting of the City Council after the passage and approval of this section, the Mayor, subject to the approval of the Council, shall appoint three (3) members of such Police Commission, one to serve until the first regular meeting of the Council in May 1940, one to serve until the first regular meeting of the Council in May 1941, and one to serve until the first regular meeting of the Council in May 1942, and until the appointment and confirmation of their successors. The members of the board shall receive as compensation the sum of five dollars ($5.00) while in attendance at meetings of the board and shall not be paid for more than one meeting in any one month. (R.O. 1947 § 32) http://gcode.us/codes/Icalispell/view-php?topic=22-22_9&ftamos=on 11/19/2013 22-10 Police Commission; Examinations for Applicants for Police Force. Page 1 of 1 KaEitipei I•eui. dctpai r Code p/�.� �+ _`�: 1 `a�F`a_!€C'rCf`� I f`u£".:t I uF€i I �.�._�'"w�3 I t':tt I fa2O F'�,i?f-DG'�3 l Cater 22 POLICE DEPARTMENT 22-10 Police Commission; Examinations for Applicants for Police Force. It shall be the duty of the Police Commission to examine all applicants for positions on the police force as to their age, legal, mental, moral and physical qualifications, and their ability to fill the office as a member of the police force. It shall also be the duty of the Police Commission, subject to the approval of the Mayor, to make such rules and regulations regarding such examinations not inconsistent with this chapter or the laws of the State. Any applicant who shall make any false statement to the Police Commission as to his or her age or other, qualifications required, at his or her examination before the Police Commission, shall be subject to suspension or dismissal from the police force, after trial. (R.O. 1947 § 33) http://goode.us/codes/l,,alispell/view.php?topic=22-22_10&frames=on 11/19/2013 22-11 Police Commission; Duties and Powers Relating to Suspension or D... Page 1 of 2 €se-§4speP gE , Cod G_ .q.e;t €Sal�: prEyFC�S �=��HIF: Chapter 22 POLICE DEPARTMENT 22-11 Police Commission; Duties and Powers Relating to suspension or Discharge of Policemen; Procedure. A. Procedure: The Police Commission shall have the jurisdiction, and it shall be its duty, to hear, try and decide all charges brought by any person against any member or officer of the Police Department, including any charge that such member or officer is incompetent, or by age or disease, or otherwise has become incapacitated to discharge the duties of his or her office, or has been guilty of neglect of duty, or of misconduct in his or her office, or has been found guilty of any crime, or whose conduct has been such as to bring reproach upon the police force. Any charge brought against any member of the police force must be in writing in the form required by the Police Commission and a copy thereof must be served upon the accused officer or member at least three (3) days before the time fixed for the hearing of such charge. It is the duty of the Police Commission at the time set for hearing a charge against a police officer, to forthwith proceed to hear, try and determine the charge, according to the rules of the Police Commission. The accused shall have the right to be present at the trial in person and by counsel, and to be heard, and to give and furnish evidence in his or her defense. All trials shall be open to the public. The chairman, or acting chairman, of the Police Commission, shall have power to issue subpoenas, attested in its name, to compel the attendance of witnesses at the hearing and any person duly served with a subpoena is bound to attend in obedience thereto. The Police Commission shall have the same authority to enforce obedience to the subpoena, and to punish the disobedience thereof, as is possessed by a judge of the District Court in like cases. B. Decision: The Police Commission must, after the conclusion of the hearing or trial, decide whether the charge was proven or not proven -and shall have the power, by a decision of a majority of the Commission, to discipline, suspend, remove or discharge any officer who shall have been found guilty of the charge filed against him or her. Such action of the Police Commission shall, however, be subject to modification or veto by the Mayor made in writing, giving the reasons therefor, which shall become the permanent record of the Police Commission. The findings and decisions of the Police Commission shall be final and conclusive unless modified or vetoed by the Mayor, within five (S) days from the date of the filing of such findings and decision with the City Clerk. When a charge against a member of the police force is found proven by the Board, and is not vetoed by the Mayor, the Mayor must make an order enforcing the decision of the Board, or if modified by the Mayor, then such decision as modified. Such decision or order shall not be subject to review by any court on a question of fact. The District Court of the proper county shall have jurisdiction, however, in a suit brought by an officer or member of the police force, to determine whether the essential requirements of law as to the method of trial have been complied with, but no suit to review such hearing or trial or for reinstatement to office shall be maintained unless the same is begun within a period of sixty (60) days after the decision of the Police Commission or order of the Mayor has been filed with the City Clerk, and in no case shall any officer or member who has been suspended or discharged, or placed upon the eligible list, be entitled to any salary or other emoluments of office, during the period of suspension, or during the time he or she remains upon the eligible list, or from the date of his or her discharge by the Police Commission or the Mayor, to the time of his or her reinstatement if the court should finally find he or she was entitled to be reinstated. No court shall have jurisdiction to heal- or determine any question or controversy concerning the salary or compensation of any member of the police force now or hereafter accrued, except for services actually rendered. In no case shall any officer or member of the police force, be discharged without hearing or trial before the Police Commission, as herein provided_ The Mayor or Chief of Police, subject to the http://gcode.us/codes/kalispell/view.php?topic=22-22_11&frames=on 11/19/2013 22-11 Police Commission; Duties and Powers Relating to Suspension or D... Page 2 of 2 approval of the Mayor, shall have the power in all cases, to suspend a police officer, for a period of not exceeding ten (10) clays in any one month with right of anneal to the Police Commission such suspension to be with or without pay as the order of suspension may determine. (R.O. 1947 § 49) http://gcode.us/codes/lr,alispell/view.php?topic=22-22_11&frames=on 11/19/2013 June; 28, 2011 4.`�`/r . AMENDED BY-LAWS OFTHE BOARD 01? DIRECTORS F LA T Fa'AD COUNTY SOLH) VIVASTE DIS 1 IZICT Article 1 The Flathead County Board ofCommissioners, by Resolution Number 89 on June 22, 1970, created the Flathead County Refuse Disposal District. 'The Board of County Commissioners recreated the District on July 24. 2007 by the adoption of Resolution No. 120.5 C. The District is known as the flathead County Solid Waste Managernent District. The operation of the flathead County Solid Waste Management District is now governed by Sections 7- 11-1021 through 7-11-1029, MCA. Section 7-11-1021 (1) provides that the district niay be operated by an appointed board. These By -Laves provide the procedures for the Board.. Article 11 Membership: The Board shall consist of seven members appointed by the Flathead County Board of Commissioners. as follows: (a) one member of the Board of Commissioners shall be appointed by the Board of Commissioners; (b) one member \.vho is a resident of each incorporated City and has been riorni.nated by each City shall be appointed by the Board of Commissioners, (c) one meniber who is nominated by the Flathead City -County Board of Health shall be appointed by (bf, Board of Commissioners; and (d) two members Ev.ho are interested citizens shall be appointed by the Board of Commissioners. Removal: The Board may request that the Board of Cornini.ssioners remove a Board member by a two-thirds vote of the members of the Board after lie/she has been accorded opportunity for a hearing upon the removal charges. Grounds for requesting removal frorn office shall be the failure to Attend three consecutive meetings without substantial excuse for such non-attendance. Article III Officers: Each year, at its regular- January or February meeting, the Board will select one of its mernbers to be. the Chair and one member to be the price -Chair. The Chair shall preside at all meetings of the Board and shall sign all official correspondence and 7-15-4232. Authorization to assign urban renewal powers to municipal dep... Page 1 of 1 Pre-naus Section FOCA Contents Part Contents Search Help Next Section 7-15-4232. Authorization to assign urban renewal powers to municipal departments or to create urban renewal agency. When a municipality has made the finding prescribed in 7 -15 -4210 and has elected to have the urban renewal project powers exercised as specified in 7-15-4233: (1) such urban renewal project powers may be assigned to a department or other officers of the municipality or to any existing public body corporate; or (2) the legislative body of a city may create an urban renewal agency in such municipality, to be known as a public body corporate, to which such powers may be assigned. History: En. Sec. 16, Ch. 195, L. 1959; R.C.M. 1947, 11-3916(a). Provided by Montane Legislative Services http://Ieg.mt.gov/bills/mca/7/15/7-15-4232.htm 11/19/2013